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Comey challenges House GOP subpoena in federal court
The Hill ^ | November 29, 2018 | Morgan Chalfant

Posted on 11/29/2018 2:25:30 PM PST by Trump_the_Evil_Left

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To: Be Free
I guess the Senate will just have to subpoena him instead.

He will tell the Senate to go to hell anyway. There is no justice and Trumps law and order is in the round can.

41 posted on 11/29/2018 3:22:20 PM PST by Logical me
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To: Trump_the_Evil_Left

He’s running out the clock. And will succeed. Gee, who would have guessed.


42 posted on 11/29/2018 3:22:36 PM PST by Basket_of_Deplorables (Democrats: Party over Country.)
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To: Trump_the_Evil_Left

Congress has ALL the power in washington, the executive and judicial branch operate according to the whims of CONGRESS!

“U.S. CODE
TITLE 2—THE CONGRESS
CHAPTER 6—CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
Sec. 193. Privilege of witnesses
No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.”

Simply look up Hinds Precedents, especially chapters 53 and 51, and Cannon’s Precedents, especially chapters 184-185. You’ll find numerous detailed cases of Congress asserting its power, arresting people, holding them until they agreed to answer questions, and then releasing them. Some of these people did not refuse to appear, but simply failed to satisfactorily answer questions.

Congress can Remove the President
Congress can remove the head of every executive agency Congress can remove ALL of their employees
Congress can Abolish every agency they so choose
Congress can remove EVERY JUDGE IN AMERICA, including every supreme court justice.
Congress can abolish every federal court except the supreme Court
Congress can decide which cases the Judicial Branch can hear and decide
CONGRESS can Imprison ANYONE they want for any reason they so desire for as long as they wish. EXCEPT The President and Vice President
Congress can declare WAR

No other governing body has even 10% of the power CONGRESS has!!

CONGRESS IS ALLOWING ALL OF IT!!!

Congress has the authority to arrest and imprison those found in Contempt. The power extends throughout the United States and is an inherent power (does not depend upon legislated act)

If found in Contempt the person can be arrested under a warrant of the Speaker of the House of Representatives or President of the Senate, by the respective Sergeant at Arms.

Statutory criminal contempt is an alternative to inherent contempt.

Under the inherent contempt power Congress may imprison a person for a specific period of time or an indefinite period of time, except a person imprisoned by the House of Representatives may not be imprisoned beyond adjournment of a session of Congress.

Imprisonment may be coercive or punitive.

Some references

[1] Joseph Story’s Commentaries on the Constitution, Volume 2, § 842 http://press-pubs.uchicago.edu/founders/print_documents/a1_5s21.html

[2] Anderson v. Dunn - 19 U.S. 204 - “And, as to the distance to which the process might reach, it is very clear that there exists no reason for confining its operation to the limits of the District of Columbia; after passing those limits, we know no bounds that can be prescribed to its range but those of the United States.” http://supreme.justia.com/cases/federal/us/19/204/case.html

[3] Jurney v. MacCracken, 294 U.S. 125 http://supreme.justia.com/cases/federal/us/294/125/case.html 73rd Cong., 78 Cong. Rec. 2410 (1934) https://archive.org/details/congressionalrec78aunit

[4] McGrain v. Daugherty, 273 U.S. 135 - Under a warrant issued by the President of the Senate the Deputy to the Senate Sergeant at Arms arrested at Cincinnati, Ohio, Mally S. Daugherty, who had been twice subpoenaed by the Senate and twice failed to appear. http://supreme.justia.com/cases/federal/us/273/135/case.html

[5] Rules of the House of Representatives, Rule IV Duties of the Sergeant at Arms - [] execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker. http://www.gpo.gov/fdsys/pkg/HMAN-105/pdf/HMAN-105-pg348.pdf

[6] An analysis of Congressional inquiry, subpoena, and enforcement http://www.constitutionproject.org/documents/when-congress-comes-calling-a-primer-on-the-principles-practices-and-pragmatics-of-legislative-inquiry/

In 1857, a New York Times reporter refused to say which members of Congress had asked him to get them bribes (protecting his “sources” just as various Judith Millers today protect the people who feed them proven lies that costs thousands of lives), so Congress locked him up until he answered and then banned him from Congress.

In 1924 an oil executive appeared but refused to answer certain questions, so the Senate held — literally held — him in contempt. Senator Thomas Walsh of Montana argued that this question of contempt was of the gravest importance, and that it involved “the very life of the effective existence of the House of Representatives of the United States and of the Senate of the United States.” The matter was taken to court, and the witness fined and imprisoned.


43 posted on 11/29/2018 3:30:26 PM PST by eyeamok
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To: JoSixChip

All he has to do is delay it until Jan 20th. The dems will never have him testify.


Only because the Senate GOP is as useless as you know what on a bull.


44 posted on 11/29/2018 3:32:41 PM PST by lodi90
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To: Alberta's Child

Then the Senate could call him to testify instead.


That would be Senator Burr’s committee. I saw him on TV today defending Mueller. Good luck with that.


45 posted on 11/29/2018 3:33:22 PM PST by lodi90
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To: PubliusMM

and, others to follow his testimony would already know what he said. Makes getting the stories aligned, much easier.

Just sayin’...


Not really an issue since the Democrats will just leak his closed door testimony.


46 posted on 11/29/2018 3:35:14 PM PST by lodi90
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To: Trump_the_Evil_Left

and would not be under oath probably


47 posted on 11/29/2018 3:41:20 PM PST by aces
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To: Trump_the_Evil_Left

just charge him, screw the interview..make it happen


48 posted on 11/29/2018 3:43:25 PM PST by aces
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To: Trump_the_Evil_Left
Comey and Mueller are two more (of many) political parasites with law degrees contributing to the ruination of the greatest country in world history.
49 posted on 11/29/2018 4:09:24 PM PST by neverevergiveup
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To: Wonder Warthog
Uh, Congress and the Court system are two independent branches of government. I don’t think a federal court can “quash” a Congressional subpoena.

They can also immediately close the court in question.

The judges know this and aren't that stupid.

50 posted on 11/29/2018 4:12:10 PM PST by Calvinist_Dark_Lord
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To: marktwain

This is the real reason. It’s why cops don’t let multiple perps watch the questioning of their cohorts. It makes it a lot easier to get the stories matched up.


51 posted on 11/29/2018 4:13:57 PM PST by allwrong57
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To: Trump_the_Evil_Left

Comey wants public testimony so he say “I can’t answer that question because the information is classified.”

If he is with a committee behind closed doors the committee members have security clearances and he can’t dodge questions.


52 posted on 11/29/2018 4:29:33 PM PST by Senator_Blutarski
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To: Senator_Blutarski

Yep, he’s afraid of classified discussions.
But the media lies for him though.


53 posted on 11/29/2018 4:31:11 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: Senator_Blutarski

Yep, he’s afraid of classified discussions.
But the media lies for him though.


54 posted on 11/29/2018 4:31:11 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: lodi90; All
That would be Senator Burr’s committee. I saw him on TV today defending Mueller. Good luck with that.

Senator Lindsey Graham has said he will pick up the investigation in the Judiciary Committee, as I recall.

55 posted on 11/29/2018 4:32:32 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: eyeamok
CONGRESS IS ALLOWING ALL OF IT!!!

Your statement implies that Congress is a unified body. They have to have a majority for any such action as you mention.

The leadership has to push to get a majority for such things.

Essentially it is the House leadership and a majority who are refusing to do these things.

Why?

Because they are terrified of the Progressive Media, and have been conditioned to be terrified of them for decades.

President Trump is showing Republicans how to be independent of the Progressive Media.

56 posted on 11/29/2018 4:36:04 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: Trump_the_Evil_Left

I saddens me to know there is a Federal judge somewhere that thinks he has the power to intervene in a legitimate inquiry by a co-equal branch of government.

Now all we need is for Trump to order the US Marshals to enforce the subpoena.

Then we would have a truly grand drama.


57 posted on 11/29/2018 4:37:25 PM PST by Mariner (War Criminal #18)
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To: marktwain

Senator Lindsey Graham has said he will pick up the investigation in the Judiciary Committee, as I recall.


Doesn’t that depend on McConnell? The FISA stuff is mostly intel related. That would be the useless Never Trumper Burr’s committee. I could see McConnell giving Burr priority and he is clearly no help to POTUS.


58 posted on 11/29/2018 4:40:57 PM PST by lodi90
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To: JoSixChip

Investigations will shift from the House to the Senate.

Nothing can stop what is coming.


59 posted on 11/29/2018 5:02:44 PM PST by Freedom of Speech Wins
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To: lodi90

It depends on who gets the Judiciary Committee Chair.

McConnel has some say, but it is not unlimited. Graham is in line.

We will see.


60 posted on 11/29/2018 5:13:17 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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