DOJ says only the executive branch can decide whether to go to court to enforce Congressional subpoe

[dajoki]

Link to tweet

?s=20

[MontanaMama]

1. I'd say they've already destroyed

checks and balances.

[Eyeball_Kid]

2. Ah! I love the smell of fascist dictatorship in the morning! n/t

[Autumn]

3. Where are we at on impeachment?

[Mystery sage]

4. Somewhere between "not yet" and "let's see how low he can go"

To be fair though they're working on it behind the scenes it just may be a while before we see anything come out of it

[Autumn]

5. They might want to fucking hurry. We're running out of time. In more ways than one.

[CrispyQ]

6. Someone better have a Plan B. -nt

[jaysunb]

7. Going for broke. Nt

[BSdetect]

8. Well now we have a full on Gestapo DOJ

When they start rounding up anyone they call a dissident by their own definitions it will be too late.

[FBaggins]

9. Worth noting that there's little new here

It's less a political fight between right and left than it is a fight between two co-equal branches of government trying to get the third to go to the prom with them.

This is an almost identical argument to when the House tried to get the courts to enforce a subpoena against Eric Holder after the Obama DOJ (run by Holder) declined to prosecute. The House won the initial claim (and will almost certainly win here as well), because the DC circuit had rulings from the 70s that supported that reading... but the two sides cut a deal before the DC circuit finished reviewing the case.

There's a 50/50 chance that the appellate court will overturn the earlier precedent and rule against the House... but there's little doubt that the current SCOTUS would do so.

[Brawndo]

10. If they refuse to enforce/uphold the law, should they still enjoy the protection of the law?

[Gothmog]

11. You got to be kidding

[kentuck]

12. Someone should ask to see the DOJ in Court right away.

Let the Court go on record.

[Gothmog]

13. This argument is weak

Link to tweet

[struggle4progress]

14. Barr is ever lower

[Volaris]

16. Yeah, but sadly I think hes not wrong.

It's the executive that has to enforce law at the federal level...its an oversight by the people who wrote the constitution that thought the executive would defer to the wishes of a co equal branch out of respect.

To the best of my knowledge, it was remedied in every state constitution written...power of enforcement in these kinds of matters rests with the courts...not the governors necessarily..

[uponit7771]

17. Congress does have means of enforcement and dems should use it seeing cons would not hesitate

... to put democrats in jail quick fast for being non-white or some other stupid shit

[Volaris]

18. Has congressional enforcement of it's own orders dver been tested at the supreme court level?

If not, subpoena enforcement falls to the executive branch...its why Karl Rove flat out ignored the congressional order to testify...because Jr told him he wouldn't enforce it...

If there were specific or mitigating circumstances, I'm not aware of them.

[uponit7771]

19. Yes, last time it was used was 1935 (link)

https://en.wikipedia.org/wiki/Contempt_of_Congress

The last time Congress arrested and detained a witness was in 1935.[3] Since then, it has instead referred cases to the United States Department of Justice

[Volaris]

21. Thank you for the link n info...can't opening now, but will read tomorrow n reply)

[Kid Berwyn]

15. Didn't there used to be things called "Courts" & "Congress"?

Before Barr and the Unitary Executive, I mean.

[DFW]

20. Republicans: only foxes are qualified are qualified to guard the hen house.

And only Republican foxes at that.