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  • CONGRESSIONAL SUBPOENAS? WHAT'S NEXT?

  • WHAT'S NEXT? WE LOOK AT THE POTENTIAL

  • WE LOOK AT THE POTENTIAL RAMIFICATIONS.

  • RAMIFICATIONS. >> THE IMPEACHMENT INQUIRY INTO

  • >> THE IMPEACHMENT INQUIRY INTO THE PRESIDENT HAS SPIRALLED INTO

  • THE PRESIDENT HAS SPIRALLED INTO A DUEL BETWEEN HOUSES DEMOCRATS

  • A DUEL BETWEEN HOUSES DEMOCRATS AND TOP ADMINISTRATION THAT

  • AND TOP ADMINISTRATION THAT REFUSES TO COOPERATE.

  • REFUSES TO COOPERATE. EARLIER THIS MONTH WHITE HOUSE

  • EARLIER THIS MONTH WHITE HOUSE COUNSEL MADE IT PRETTY CLEAR.

  • COUNSEL MADE IT PRETTY CLEAR. HE WROTE, IN ORDER TO FULFILL

  • HE WROTE, IN ORDER TO FULFILL HIS DUTIES TO THE AMERICAN

  • HIS DUTIES TO THE AMERICAN PEOPLE, THE CONSTITUTION, THE

  • PEOPLE, THE CONSTITUTION, THE EXECUTIVE AND ALL FUTURE

  • EXECUTIVE AND ALL FUTURE OCCUPANTS OF THE OFFICE OF THE

  • OCCUPANTS OF THE OFFICE OF THE PRESIDENCY, PRESIDENT TRUMP AND

  • PRESIDENCY, PRESIDENT TRUMP AND HIS ADMINISTRATION CANNOT

  • HIS ADMINISTRATION CANNOT PARTICIPATE IN YOUR PARTISAN AND

  • PARTICIPATE IN YOUR PARTISAN AND UNCONSTITUTIONAL INQUIRY UNDER

  • UNCONSTITUTIONAL INQUIRY UNDER THESE CIRCUMSTANCES.

  • THESE CIRCUMSTANCES. >> WE'RE FIGHTING ALL THE

  • >> WE'RE FIGHTING ALL THE SUBPOENAS.

  • SUBPOENAS. >> WE KNOW THE WHITE HOUSE, VICE

  • >> WE KNOW THE WHITE HOUSE, VICE PRESIDENT MIKE PENCE, SECRETARY

  • PRESIDENT MIKE PENCE, SECRETARY OF STATE MIKE PORN POMPEO AND

  • OF STATE MIKE PORN POMPEO AND TRUMP'S PERSONAL ATTORNEY, RUDY

  • TRUMP'S PERSONAL ATTORNEY, RUDY GIULIANI, HAVE ALL BEEN

  • GIULIANI, HAVE ALL BEEN SUBPOENAED.

  • SUBPOENAED. WHAT HAPPENS NEXT TO THOSE IN

  • WHAT HAPPENS NEXT TO THOSE IN TRUMP'S ORBIT WHO REFUSE TO

  • TRUMP'S ORBIT WHO REFUSE TO COMPLY WITH THOSE SUBPOENAS?

  • COMPLY WITH THOSE SUBPOENAS? I CALLED DR. MATTHEW WILSON, AN

  • I CALLED DR. MATTHEW WILSON, AN ASSOCIATE PROFESSOR OF POLITICS

  • ASSOCIATE PROFESSOR OF POLITICS AT SOUTHERN METHODIST

  • AT SOUTHERN METHODIST UNIVERSITY.

  • UNIVERSITY. >> CONGRESS DOES NOT HAVE THE

  • >> CONGRESS DOES NOT HAVE THE AUTHORITY TO ACT AS A LAW

  • AUTHORITY TO ACT AS A LAW ENFORCEMENT AGENCY.

  • ENFORCEMENT AGENCY. THAT'S NOT ITS JOB.

  • THAT'S NOT ITS JOB. >> THE TRUMP ADMINISTRATION'S

  • >> THE TRUMP ADMINISTRATION'S OUTRIGHT REFUSAL TO COOPERATE IS

  • OUTRIGHT REFUSAL TO COOPERATE IS NOT TESTING CONGRESS' POWER TO

  • NOT TESTING CONGRESS' POWER TO ISSUE SUBPOENAS, BUT CONGRESS'

  • ISSUE SUBPOENAS, BUT CONGRESS' POWER TO ENFORCE THEM.

  • POWER TO ENFORCE THEM. BUT LET'S TAKE A STEP BACK.

  • BUT LET'S TAKE A STEP BACK. THREE PRESIDENTS BESIDES TRUMP

  • THREE PRESIDENTS BESIDES TRUMP HAVE BEEN SUBPOENAED IN THE

  • HAVE BEEN SUBPOENAED IN THE PAST.

  • PAST. THOMAS JEFFERSON, RICHARD NICKS

  • THOMAS JEFFERSON, RICHARD NICKS TON AND BILL CLINTON.

  • TON AND BILL CLINTON. JEFFERSON INITIALLY REFUSED TO

  • JEFFERSON INITIALLY REFUSED TO COMPLY AND THEN PRODUCED SOME

  • COMPLY AND THEN PRODUCED SOME DOCUMENTS AND THEN OFFERED TO

  • DOCUMENTS AND THEN OFFERED TO TESTIFY.

  • TESTIFY. RICHARD NIXON RESIGNED, AND

  • RICHARD NIXON RESIGNED, AND CLINTON'S SUBPOENA WAS WITHDRAWN

  • CLINTON'S SUBPOENA WAS WITHDRAWN AFTER HE VOLUNTARILY AGREED TO

  • AFTER HE VOLUNTARILY AGREED TO TESTIFY.

  • TESTIFY. HERE'S KEITH WHITTINGTON, A

  • HERE'S KEITH WHITTINGTON, A CONSTITUTIONAL LAW PROFESSOR AT

  • CONSTITUTIONAL LAW PROFESSOR AT PRINCETON UNIVERSITY.

  • PRINCETON UNIVERSITY. >> THE QUESTION IS WHAT ARE THE

  • >> THE QUESTION IS WHAT ARE THE LEGAL GROUNDS FOR REFUSING TO

  • LEGAL GROUNDS FOR REFUSING TO COOPERATE AT ALL?

  • COOPERATE AT ALL? WHAT PRESIDENTIAL

  • WHAT PRESIDENTIAL ADMINISTRATIONS HAVE DONE IN THE

  • ADMINISTRATIONS HAVE DONE IN THE PAST AND WHAT THE TRUMP

  • PAST AND WHAT THE TRUMP ADMINISTRATION HAS DONE ON A

  • ADMINISTRATION HAS DONE ON A OCCASIONS AS WELL IS LEAN ON

  • OCCASIONS AS WELL IS LEAN ON EXECUTIVE PRIVILEGE IN ORDER TO

  • EXECUTIVE PRIVILEGE IN ORDER TO ARGUE THE VERY SPECIFIC

  • ARGUE THE VERY SPECIFIC DOCUMENTS, VERY SPECIFIC

  • DOCUMENTS, VERY SPECIFIC INFORMATION HAS TO BE KEPT

  • INFORMATION HAS TO BE KEPT CONFIDENTIAL IN THE EXECUTIVE

  • CONFIDENTIAL IN THE EXECUTIVE BRANCH AND CAN'T BE SHARED WITH

  • BRANCH AND CAN'T BE SHARED WITH CONGRESS.

  • CONGRESS. WHAT'S STRIKING ABOUT THE

  • WHAT'S STRIKING ABOUT THE ADMINISTRATION'S CURRENT

  • ADMINISTRATION'S CURRENT POSITION IS IT DOESN'T MAKE

  • POSITION IS IT DOESN'T MAKE THOSE KIND OF VERY SPECIFIC

  • THOSE KIND OF VERY SPECIFIC CLAIMS.

  • CLAIMS. INSTEAD, IT'S MAKING A VERY

  • INSTEAD, IT'S MAKING A VERY BLANKET CLAIM, WE'RE NOT GOING

  • BLANKET CLAIM, WE'RE NOT GOING TO COOPERATE AT ALL.

  • TO COOPERATE AT ALL. >> WITH THAT LACK OF PRECEDENCE,

  • >> WITH THAT LACK OF PRECEDENCE, TRUMP'S CRITICS ARE WONDERING

  • TRUMP'S CRITICS ARE WONDERING HOW POWERFUL SUBPOENAS ARE.

  • HOW POWERFUL SUBPOENAS ARE. >> THEY GAVE HIM THREE SUBPOENAS

  • >> THEY GAVE HIM THREE SUBPOENAS LIKE PARKING TICKETS.

  • LIKE PARKING TICKETS. >> CONGRESS DOES HAVE A FEW

  • >> CONGRESS DOES HAVE A FEW OPTIONS, THOUGH RARELY USED.

  • OPTIONS, THOUGH RARELY USED. CRIMINAL CONTEMPT, CIVIL

  • CRIMINAL CONTEMPT, CIVIL ENFORCEMENT AND -- FIRST UP,

  • ENFORCEMENT AND -- FIRST UP, CRIMINAL CONTENT.

  • CRIMINAL CONTENT. >> THEY CAN HOLD THE RELEVANT

  • >> THEY CAN HOLD THE RELEVANT EXECUTIVE BRANCH OFFICIAL IN

  • EXECUTIVE BRANCH OFFICIAL IN CONTEMPT OF CONGRESS FOR NOT

  • CONTEMPT OF CONGRESS FOR NOT COMPLYING WITH THE SUBPOENA

  • COMPLYING WITH THE SUBPOENA WHICH MEANS THEY CAN THEN REFER

  • WHICH MEANS THEY CAN THEN REFER THAT TO THE JUSTICE DEPARTMENT

  • THAT TO THE JUSTICE DEPARTMENT FOR CRIMINAL PROSECUTION.

  • FOR CRIMINAL PROSECUTION. IN FACT, AS THE JUSTICE

  • IN FACT, AS THE JUSTICE DEPARTMENT WILL NOT ACTUALLY

  • DEPARTMENT WILL NOT ACTUALLY PROSECUTE THOSE CASES.

  • PROSECUTE THOSE CASES. >> THAT'S WHAT HAPPENED WHEN THE

  • >> THAT'S WHAT HAPPENED WHEN THE HOUSE HELD ATTORNEY GENERAL

  • HOUSE HELD ATTORNEY GENERAL WILLIAM BARR AND COMMERCE

  • WILLIAM BARR AND COMMERCE SECRETARY KILLWILBUR ROSS IN

  • SECRETARY KILLWILBUR ROSS IN CRIMINAL CONTEMPT.

  • CRIMINAL CONTEMPT. THEY ASKED THE JUSTICE

  • THEY ASKED THE JUSTICE DEPARTMENT TO PROSECUTE THOSE

  • DEPARTMENT TO PROSECUTE THOSE TWO FOR IGNORING THEIR

  • TWO FOR IGNORING THEIR SUBPOENAS.

  • SUBPOENAS. BUT, OF COURSE, THE TRUMP

  • BUT, OF COURSE, THE TRUMP ADMINISTRATION'S DEPARTMENT OF

  • ADMINISTRATION'S DEPARTMENT OF JUSTICE WEREN'T EXACTLY GOING TO

  • JUSTICE WEREN'T EXACTLY GOING TO PROSECUTE ITS OWN ATTORNEY

  • PROSECUTE ITS OWN ATTORNEY GENERAL.

  • GENERAL. THE ONLY OTHER TIME IN U.S.

  • THE ONLY OTHER TIME IN U.S. HISTORY THIS HAS HAPPENED TO A

  • HISTORY THIS HAS HAPPENED TO A SITTING CABINET MEMBER WAS IN

  • SITTING CABINET MEMBER WAS IN 2012 WHEN A REPUBLICAN HOUSE

  • 2012 WHEN A REPUBLICAN HOUSE HELD THEN-ATTORNEY GENERAL ERIC

  • HELD THEN-ATTORNEY GENERAL ERIC HOLDER IN CRIMINAL CONTEMPT OF

  • HOLDER IN CRIMINAL CONTEMPT OF CONGRESS.

  • CONGRESS. BOTH OF THESE EXAMPLES SHOW THAT

  • BOTH OF THESE EXAMPLES SHOW THAT GOING THE CRIMINAL CONTEMPT

  • GOING THE CRIMINAL CONTEMPT ROUTE MAY NOT BE THE BEST

  • ROUTE MAY NOT BE THE BEST OPTION.

  • OPTION. CONGRESS CAN ALSO GO THE CIVIL

  • CONGRESS CAN ALSO GO THE CIVIL ROUTE.

  • ROUTE. ESSENTIALLY ASKING THE COURTS TO

  • ESSENTIALLY ASKING THE COURTS TO ORDER THE WITNESS TO HAND OVER

  • ORDER THE WITNESS TO HAND OVER THE DOUMS.

  • THE DOUMS. >> THEY CAN TRY TO TAKE THOSE

  • >> THEY CAN TRY TO TAKE THOSE PROJECTIONS, THOSE SUBPOENAS TO

  • PROJECTIONS, THOSE SUBPOENAS TO COURT AND TRY TO GET A COURT

  • COURT AND TRY TO GET A COURT ORDER.

  • ORDER. >> BUT CIVIL ENFORCEMENT CAN

  • >> BUT CIVIL ENFORCEMENT CAN TAKE FOREVER.

  • TAKE FOREVER. SO, THE THIRD OPTION FOR

  • SO, THE THIRD OPTION FOR CONGRESS IS INHERENT CONTEMPT.

  • CONGRESS IS INHERENT CONTEMPT. CONGRESS HAS RARELY USED IT IN

  • CONGRESS HAS RARELY USED IT IN THE PAST BUT THEY HAVE THE POWER

  • THE PAST BUT THEY HAVE THE POWER TO IMPRISON OR FINE NONCOMPLIANT

  • TO IMPRISON OR FINE NONCOMPLIANT WITNESSES ON THEIR OWN.

  • WITNESSES ON THEIR OWN. >> IT'S BEEN SINCE THE 1920s

  • >> IT'S BEEN SINCE THE 1920s WHEN CONGRESS USED THE SERGEANT

  • WHEN CONGRESS USED THE SERGEANT OF ARMS TO GO AND ARREST

  • OF ARMS TO GO AND ARREST SOMEONE.

  • SOMEONE. THAT THEATRICALLY IS POSSIBLE.

  • THAT THEATRICALLY IS POSSIBLE. THE HOUSE OF REPRESENTATIVES

  • THE HOUSE OF REPRESENTATIVES COULD SEND ITS SERGEANT-AT-ARMS

  • COULD SEND ITS SERGEANT-AT-ARMS TO ENFORCE A CONTEMPT CITATION.

  • TO ENFORCE A CONTEMPT CITATION. I THINK THAT'S UNLIKELY TO

  • I THINK THAT'S UNLIKELY TO HAPPEN.

  • HAPPEN. IT HASN'T BEEN DONE IN ALMOST

  • IT HASN'T BEEN DONE IN ALMOST 100 YEARS.

  • 100 YEARS. >> THE CALCULATION BEING MADE BY

  • >> THE CALCULATION BEING MADE BY TRUMP ADMINISTRATION OFFICIALS

  • TRUMP ADMINISTRATION OFFICIALS WHEN THEY DECIDE TO I GUESS

  • WHEN THEY DECIDE TO I GUESS FOREA SUBPOENA?

  • FOREA SUBPOENA? >> I THINK THE WHITE HOUSE --

  • >> I THINK THE WHITE HOUSE -- THE PRESIDENT IS GOING TO BE

  • THE PRESIDENT IS GOING TO BE IMPEACHED IN ANY CASE.

  • IMPEACHED IN ANY CASE. HE'S ASSUMING IMPEACHMENT IS

  • HE'S ASSUMING IMPEACHMENT IS GOING TO OCCUR AND SO NOW HE'S

  • GOING TO OCCUR AND SO NOW HE'S LOOKING FURTHER DOWN THE ROAD

  • LOOKING FURTHER DOWN THE ROAD AND FOCUSING HIS ATTENTION ON

  • AND FOCUSING HIS ATTENTION ON THE SENATE KRIL AND ULTIMATELY

  • THE SENATE KRIL AND ULTIMATELY TO THE PRESIDENTIAL ELECTION

  • TO THE PRESIDENTIAL ELECTION CAMPAIGN.

  • CAMPAIGN. IF YOU'RE CONVINCED THEY'RE

  • IF YOU'RE CONVINCED THEY'RE GOING TO IMPEACH NO MATTER WHAT,

  • GOING TO IMPEACH NO MATTER WHAT, IT DOES ENCOURAGE THE WHITE

  • IT DOES ENCOURAGE THE WHITE HOUSE TO BE NONCOOPERATIVE.

  • HOUSE TO BE NONCOOPERATIVE. >> THERE'S ONE MORE THING

  • >> THERE'S ONE MORE THING CONGRESS COULD DO.

  • CONGRESS COULD DO. LESS OF A LEGAL OPTION AND MORE

  • LESS OF A LEGAL OPTION AND MORE OF A POLITICAL TACTIC.

  • OF A POLITICAL TACTIC. BASICALLY, THEY TRIED TO USE

  • BASICALLY, THEY TRIED TO USE THEIR LEVERAGE TO DERAIL

  • THEIR LEVERAGE TO DERAIL PRESIDENT TRUMP'S LEGISLATIVE

  • PRESIDENT TRUMP'S LEGISLATIVE AGENDA.

  • AGENDA. >> AND THE TRUMP

  • >> AND THE TRUMP ADMINISTRATION'S CASE, IT'S NOT

  • ADMINISTRATION'S CASE, IT'S NOT CLEAR THEY HAVE A LEGISLATIVE

  • CLEAR THEY HAVE A LEGISLATIVE AGENDA.

  • AGENDA. >> IT'S WORTH REMEMBERING,

  • >> IT'S WORTH REMEMBERING, IGNORING ALL OF THESE SUBPOENAS

  • IGNORING ALL OF THESE SUBPOENAS COULD BACKFIRE FOR THE TRUMP

  • COULD BACKFIRE FOR THE TRUMP ADMINISTRATION.

  • ADMINISTRATION. BECAUSE THAT RESISTANCE COULD BE

  • BECAUSE THAT RESISTANCE COULD BE GROUNDS FOR IMPEACHMENT IN AND

  • GROUNDS FOR IMPEACHMENT IN AND OF ITSELF.

  • OF ITSELF. >> THE HOUSE MIGHT SIMPLY SAY,

  • >> THE HOUSE MIGHT SIMPLY SAY, IF YOU'RE HIDING THE EVIDENCE OF

CONGRESSIONAL SUBPOENAS? WHAT'S NEXT?

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    林宜悉 posted on 2019/12/26
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