Posted on 12/02/2021 2:03:45 PM PST by UMCRevMom@aol.com
Lawyers acting for constitutional law professor John Eastman have picked apart the raison d’etre for the January 6th Congressional committee, as well pointing out the potential for abuse of power and breaches of House rules.
Eastman – a target of the commission – is held up as guilty of insurrection by the political left for having the constitutional opinion that Vice President Mike Pence had no obligation to count ballots for states where political and legal proceedings were underway regarding election fraud.
The fisking of the committee will irk the already enfeebled group of Democrats, fresh off their latest round of embarrassments at the hands of another target: former Trump advisor Stephen K. Bannon.
Lawyer Charles Burnham wrote to committee chairman and violent black nationalist supporter Rep. Bennie Thompson:
We also have several objections to the legal propriety of your subpoena. These objections are important in their own right and as relevant context for Dr. Eastman’s assertion of his Fifth Amendment right. First, your committee lacks a ranking minority member, which makes it impossible to comply with relevant House Rules, including those applicable to subpoenas and depositions. Secondly, your extraordinarily broad subpoena goes far beyond even the most expansive reading of the Committees authorizing resolution in asking for materials bearing no reasonable relation to the events of January 6. Finally, the lack of true minority representation combined with your decision to take testimony in secret proceedings creates an extreme risk of gross unfairness to the subjects of your investigation. As I already stated, these are serious issues, both in their own right and as critical context for Dr. Eastman’s invocation of the Fifth Amendment.
he full letter, which deals with a number of critical flaws with the committee’s existence and understanding of the law, can be read below.
Pointing to critical technical details concerning the creation of committees, Burnham said:
"Contrary to consistent historical practice and the express language of the authorizing resolution, none of the members of the J6 committee were appointed after consultation with the minority leader. All of the members were appointed by the Speaker, and all of the staff have been hired by those appointed by the Speaker."
In other words, Democrats pieced a committee together against the rules and under false pretenses in order to persecute their political opposition."
He added:
"This Committee’s disregard of House Rules is no mere legal technicality. The lack of meaningful minority representation leaves the majority free to exercise its vast investigative authority unchecked, creating serious potential for abuse.
One of its very first acts was to direct social media and telecommunication companies to preserve communications of private citizens, not just those who entered the Capitol on January 6 but a much larger group of those who were in Washington, D.C. simply to exercise their First Amendment rights of freedom of speech and association and to petition their government for redress of grievances.
The letters sent by the committee specifically requested that these companies preserve information about individuals who were listed on permit applications or otherwise involved in organizing, funding, or speaking at the January 5, 2021, or January 6, 2021, rallies in the District of Columbia relating to objecting to the certification of the electoral college vote; and individuals potentially involved with discussions of plans to challenge, delay, or interfere with the January 6, 2021, certification.
The letters identified not just metadata, but the content of communications, including all emails, voice messages, text or SMS/MMS messages, videos, photographs, direct messages, address books, contact lists, and other files or other data communications stored in or sent from the account, id. (emphasis added)and all of this without a search warrant based upon probable cause.
The threat to First Amendment freedoms and Fourth Amendment rights inherent in such a demand is palpable."
10 page letter may be downloaded
https://www.scribd.com/document/544184286/Ltr-to-J6-Committee-12-1-21#download&from_embed
That’ll leave a mark...preferably a smoking hole where the committee room used to be.
Competency rears its deplorable head.
Great letter but I doubt the committee cares. Frankly, I dont think they care if any investigation is conducted at all. All they care about is getting in front of the cameras and telling lies, spewing garbage, and otherwise, playing politics.
Aha......govt collusion against we, the people, rears its ugly head.......
“a Sunday night court filing by Bidens federal prosecutors includes secret witness interviews by l/e (FBI?) and internal communications between House committee staff members”........
We, the people got a dog in this hunt. Let’s use it.
Bidens DOJ facetiously claims the requested material is harmful, were it “exposed” to the “public”..........
The public.......that’s we, the people.
The court filing by Bidens federal prosecutors is Another huge clue that Biding, Piglosi and Schi! are colluding against “the government.”
The government. .......that’s we, the people.
Corrupt Democrat scum don’t care about reason or law.
Democrats care about power and brutal oppression.
This is how you fight! Same as with Bannon’s attack. You DO NOT run with goofy nonsense that was provided to you by con men.
You do have to wage the public opinion war.
Lawyer Charles Burnham wrote to committee chair (who is
violent black nationalist supporter, Congressman Bennie Thompson:
<><>your committee lacks a ranking minority member,
<><>its impossible to comply w/ relevant House Rules WRT subpoenas and depositions.
<><>your subpoena is extraordinarily broad
<><>your subpoena qoes far beyond even the most expansive reading of the authorizing resolution
<><> you’re asking for materials bearing no reasonable relation to events of Jan 6.
Finally, the lack of true minority representation combined with your decision to take testimony in secret proceedings creates an extreme risk of gross unfairness to the subjects of your investigation. As I already stated, these are serious issues, both in their own right and as critical context for Dr. Eastman’s invocation of the Fifth Amendment.
This. It's all a Kabuki dance.
They planned and executed a coup via election fraud and they accuse the January 6th patriots as insurrectionists against their illegal coup. funny
That is funny......nice deconstruction.
"Whoa! Whoa! Hold dat right dar! I'm black! I am a minority representationshipness! Damn honkey ass racist!"
Constitutional law professor John Eastman is held up as “guilty of insurrection” by the political left..... Pelosi, Schifff and other desperate, enfeebled Democrats......for expressing the constitutional opinion that Mike Pence had no obligation to count ballots where political and legal proceedings were underway WRT 2020 election fraud.
Stupid Bennie.......never heard of the other minority....of members.
Rules are for the little people.
Republicans currently have 211 out of a total 432 filled seats in the House of Representatives. This is 48.8% of the seats. Committees are supposed to be proportional to numbers in Congress. If this committee has 13 members, it should have six Republicans and seven Democrats. Instead this committee has 11 Democrats and two junior Democrats.
Just! Now the most overused word on the internet.
J6 thuggery
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