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Judge dismisses impeachment witness lawsuit after House rescinds subpoena
CNN ^ | 12/30/19 | Paul LeBlanc

Posted on 12/30/2019 5:26:29 PM PST by Libloather

Washington (CNN) A federal judge on Monday dismissed a lawsuit that former Trump national security official Charles Kupperman had filed challenging a House subpoena for him to testify in the impeachment inquiry after the chamber withdrew their subpoena.

Judge Richard Leon wrote in a 14-page opinion that there is no expectation that the House will reissue the subpoena, therefore the lawsuit is unnecessary.

Notably, by ruling the case is moot, Leon was able to sidestep the thorny issue of separation of powers and whether the White House could claim some administration witnesses have immunity.

Leon, however, noted that things can change in the future.

"Have no doubt though, should the winds of political fortune shift and the House were to reissue a subpoena to Dr. Kupperman, he will face the same conflicting directives that precipitated this suit. If so, he will undoubtedly be right back before this Court seeking a solution to a Constitutional dilemma that has long-standing political consequences: balancing Congress's well-established power to investigate with a President's need to have a small group of national security advisors who have some form of immunity from compelled Congressional testimony."

(Excerpt) Read more at cnn.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: charleskupperman; districtofcolumbia; dubyajudge; impeach; judiciary; lawsuit; richardleon; subpoena; witness
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Interesting. Can San Fran Gran Nan rescind articles of impeachment? It could happen.
1 posted on 12/30/2019 5:26:29 PM PST by Libloather
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To: Libloather

Nancy is “Number One” on the Political Losers List


2 posted on 12/30/2019 5:30:27 PM PST by butlerweave
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To: Libloather

She is stuck between a rock and a hard place. I believe there is a major trap set for her if she delivers the articles.


3 posted on 12/30/2019 5:30:51 PM PST by IllumiNaughtyByNature (Polls are no longer designed to measure public sentiment but to influence it.)
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To: Libloather
Can San Fran Gran Nan rescind articles of impeachment?

Not a chance in hell of that happening.

4 posted on 12/30/2019 5:35:11 PM PST by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Libloather

There is another suit going on about McGahn testifying. That judge said he had to testify. It is scheduled for Jan 3rd. I think that’s what Nancy is holding out for.


5 posted on 12/30/2019 5:37:32 PM PST by Sacajaweau
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To: Libloather
Given how the House structured the impeachment proceedings, did they really issue enforceable subpoenas, or are Democrats just calling them subpoenas (with the media's help) when under the law they are legally just letters asking people to testify? How the news is presenting this makes understanding what is actually going on a little confusing.
6 posted on 12/30/2019 5:39:02 PM PST by Widget Jr
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To: Widget Jr

I thought they were simply letters and not subpoenas.


7 posted on 12/30/2019 5:46:05 PM PST by redshawk ( I want my red balloon. ( https://youtu.be/V12H2mteniE))
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To: Libloather

Bring in the clowns!


8 posted on 12/30/2019 5:51:39 PM PST by immadashell (Save Innocent Lives - ban gun free zones)
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To: ChildOfThe60s
Can San Fran Gran Nan rescind articles of impeachment?

Not a chance in hell of that happening.

Well, wait a minute there. What if we retake the house on President Trump's coattails in 2020 and the articles have not been delivered yet. Can the next Congress rescind them?

9 posted on 12/30/2019 5:53:25 PM PST by CurlyDave
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To: Widget Jr

As interested observers will note the House never voted to authorize the full judicial impeachment process; instead they voted to approve an inquiry into whether an impeachment should take place. By not voting to authorize articles of impeachment the House never gained ‘judicial enforcement authority‘.

https://theconservativetreehouse.com/2019/12/28/anticipate-house-impeachment-articles-after-january-3rd-2020-oral-arguments-for-mueller-grand-jury-material/


10 posted on 12/30/2019 5:53:55 PM PST by Libloather (CHANGE CLIMATE CHANGE!)
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To: Sacajaweau

He can always take the Fifth.


11 posted on 12/30/2019 5:56:08 PM PST by airborne (I don't always scream at the TV but when I do it's hockey season!)
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To: redshawk
That would explain why the house rescinded them. The lawfare strategy requires the courts to comply and give the Democrats a foothold. If the courts refuse to go along with it from the start, then the Democrat's strategy starts falling apart while its starting.
12 posted on 12/30/2019 6:00:56 PM PST by Widget Jr
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To: CurlyDave

Who knows? There is no rule in this country.


13 posted on 12/30/2019 6:02:46 PM PST by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: airborne
No matter....The time for testifying was before the judiciary committee.

I think it may be deemed moot.

In other words, by voting on the articles, it's dead in the water.

And he sure as hell isn't going to be called as a witness by the Republicans.

It's just a ploy anyways...the Dems are simply doing the same thing over and over....presuming guilt.

14 posted on 12/30/2019 6:02:46 PM PST by Sacajaweau
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To: CurlyDave

At the end of this session of Congress, Jan 3 2021, all unprocessed bills die - undelivered Articles included.


15 posted on 12/30/2019 6:15:14 PM PST by ctdonath2 (Democrats oppose democracy.)
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To: ChildOfThe60s
“Who knows? There is no rule in this country.”

Truer words never spoken.

16 posted on 12/30/2019 6:16:47 PM PST by daler
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To: ctdonath2
At the end of this session of Congress, Jan 3 2021, all unprocessed bills die - undelivered Articles included.

That may or may not be correct. I don't pretend to know the legalities on it. But the law is irrelevant because there is no rule of law in Washington, DC. NONE. Zip, Nada, Zilch.

The law is whatever those with power in that cesspool of a capital deem it to be on any given day. Most of the people in this country have no inkling of how close our former republic is to overt despotism. Really, we are already there, but "they" have chosen not to open the curtains quite yet and reveal our serfdom to us.

17 posted on 12/30/2019 6:36:06 PM PST by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Libloather

I love how they write these headlines so you can’t tell what the hell happened.


18 posted on 12/30/2019 6:43:04 PM PST by Luke21
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To: ctdonath2

Hopefully you meant Jan 3, 2020.


19 posted on 12/30/2019 6:58:05 PM PST by Chewbarkah
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To: Sacajaweau

Sounds right. A Judge saying McGhan has to testify could breath new life in this circus. Since we already have a hack judge saying he has to it might mean the madness gets extended. Mitch letting Pelosi getting away with her stunt might cause more BS.


20 posted on 12/30/2019 7:17:45 PM PST by gibsonguy
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