Posted on 11/26/2019 7:27:11 PM PST by karpov
You may have read that a judge has ordered that Don McGahn, the former White House counsel, must testify in response to a Congressional subpoena. What you probably didn’t read in the impeachment press is that the sweeping ruling essentially eliminates a right to confidentiality between a President and his most senior advisers.
“The primary takeaway from the past 250 years of recorded American history is that Presidents are not kings,” wrote Judge Ketanji Brown Jackson in a ruling late Monday that was hailed far and wide as a victory over President Trump’s claim that close advisers have immunity from testifying.
The judge doesn’t stop there. She embraces a doctrine of Congressional supremacy that essentially says that even the President’s closest advisers must appear on Capitol Hill more or less on command. “With respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist,” Judge Jackson writes.
These aides may be able to withhold some “confidential, classified, or privileged information” in the national interest. But that doesn’t protect advisers like the general counsel from appearing on Capitol Hill, under penalty of contempt, to respond to the priorities of the current Congressional majority.
You don’t have to be a constitutional scholar to see the risks here. If advisers can be forced to appear before partisan opponents on demand, White House discussions are likely to become more circumspect. Presidents are likely to get less honest advice, and advisers will get less candid insight into a President’s views.
Judge Jackson’s 118-page opinion blows past these concerns and dismisses long-time Office of Legal Counsel (OLC) memos on adviser immunity as mere “aspirational assertions” about presidential power. This includes William Rehnquist’s 1971 OLC memo that has been relied on by Presidents of both parties.
(Excerpt) Read more at wsj.com ...
Trump should sign an executive order censoring The House of Representatives.
He said that they had to respond, to go there and sit in the chair. Executive privileged is still on the table, the judge did not remove that.
Sorry lefty but they will say nothing and there is not a damn thing that bug eyed shiff/shithead can do about it.
This buffoon will be embarrassed on appeal.
If Capitol Hill can read sign (or finger) language, they’ll get their answers shortly.
Corrupt judges should face more than just embarrassment.
Ha ha ha ha! OMG!!! Is this all they have?
From her wikipedia page
“1996, Jackson married surgeon Patrick G. Jackson.[22] They have two daughters. Jackson is related by marriage to former U.S. House Speaker Paul Ryan.[22][23] Her husband is the twin brother of Ryan’s brother-in-law.[2.
Who the hell cares what Judge Jumanji says? She isn’t qualified to be a traffic court judge. Just appeal it. It has ZERO chance of being held up.
ROFLMAO!!
None of the three branches are superior to each other. Either the President has the power to call every congressional aide, every congressional press secretary, every congresscritter for public questioning on a whim, or Congress can go fish.
This I doubt. She is shameless. These types are proud members of the resistance. She'll think that she did her part, and toasts will be raised to her at her DC soirees.
Shakespeare did not go all in.
Congress can override a presidential veto and can impeach and remove a President. The President has no such corresponding power over Congress.
As pathetic as these Democratic hearings are, they will certainly offer an interesting civics lesson for everyone who pays attention!
What IS in the Constitution, however, is Article II Section 3:
[The President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Imagine what would happen if President Trump were to exercise this power to convene Congress (essentially subpoenaing them to appear) and choose that moment to declassify and release all the documents that prove his innocence and implicate top Democrats in high crimes against the Constitution?
What if, before any House impeachment vote or Senate removal trial, Trump turned the tables on Congress and convened THEM to appear and hear his evidence, all of it, unfiltered, with the backdrop of the chamber of the House of Representatives as his optics?
-PJ
SIC SEMPER TYRANNIS
Not worth the paper it’s written on.
Obama judge can pound sand.
Nah this is going to the Supreme Court. I can’t believe how every day the left is trying to upend established law....and often succeeding.
That explains a lot!
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