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FYI about subpoenas (Original Post) ripcord Sep 2019 OP
No, the judges do that with contempt citations. marble falls Sep 2019 #1
He will get off ripcord Sep 2019 #6
wrong! real Cannabis calm Sep 2019 #2
The OP is correct StarfishSaver Sep 2019 #5
You are correct about the 5th Amendment; but evoking it is a slippery slope real Cannabis calm Sep 2019 #16
Lewandowski did not invoke executive privilege or his 5th Amendment privilege, so how is Atticus Sep 2019 #22
The White House invoked executive privilege over his testimony StarfishSaver Sep 2019 #24
True StarfishSaver Sep 2019 #3
They are required to answer or they can plead the 5th, otherwise a judge expects an answer or they vsrazdem Sep 2019 #4
Remember that a Congressional Committee hearing is NOT a "court" BumRushDaShow Sep 2019 #7
They can also invoke executive privilege, which Lewandowski did StarfishSaver Sep 2019 #9
Yes, but he does not have executive privilege to invoke, its all a sham. vsrazdem Sep 2019 #10
I know it's a sham but until a court rules that it is, it protects him StarfishSaver Sep 2019 #11
Yes, whenever that might happen. In the meantime, continuing to watch this farce is really getting vsrazdem Sep 2019 #14
You can do more than just vote StarfishSaver Sep 2019 #15
I have made phone calls in the past, but I work 2 jobs 14 hours a day 6 days a week to vsrazdem Sep 2019 #19
Understood. But do what you can when you can StarfishSaver Sep 2019 #21
speaking of "community" has everyone visited their "State Forum" at DU? real Cannabis calm Sep 2019 #20
So, basically what I am getting out of this, is there is no separation of powers, congress cannot vsrazdem Sep 2019 #8
The Constitution is worth more than the paper it's written on it. But it's not self-executing StarfishSaver Sep 2019 #12
Nixon attempted to do the same BumRushDaShow Sep 2019 #13
It's exactly the same thing that happened with Lerner and Holder ripcord Sep 2019 #17
Your conflation of Lewandowski and Holder is repulsive and your premise is inaccurate. nt Atticus Sep 2019 #23
It does seem like a Constitutional. crisis in real time KPN Sep 2019 #18

ripcord

(5,374 posts)
6. He will get off
Tue Sep 17, 2019, 04:25 PM
Sep 2019

The DoJ will under no circumstances allow a member of the Presidents administration to be found guilty of contempt of Congress, if the Obama administration cleared Holder and Lerner you know Trump's DoJ will do the same.

real Cannabis calm

(1,124 posts)
2. wrong!
Tue Sep 17, 2019, 04:20 PM
Sep 2019
Subpoenas Simplified
Simply put, a subpoena is a court-ordered command that requires you do to something. ... One type requires the recipient to appear in person to testify before a court or other legal authority. The other type requires the recipient to produce documents, materials, or other forms of evidence.
 

StarfishSaver

(18,486 posts)
5. The OP is correct
Tue Sep 17, 2019, 04:24 PM
Sep 2019

Witnesses are not required to answer questions. For example, they can invoke executive privilege or refuse to answer based on their Fifth Amendment right again self-incrimination. There are limited instances in which a witness can be forced to testify but none of those apply here.

Atticus

(15,124 posts)
22. Lewandowski did not invoke executive privilege or his 5th Amendment privilege, so how is
Tue Sep 17, 2019, 05:44 PM
Sep 2019

it acceptable to refuse to testify as to selected questions?

 

StarfishSaver

(18,486 posts)
24. The White House invoked executive privilege over his testimony
Tue Sep 17, 2019, 05:55 PM
Sep 2019

Yes, it is permissible to invoke privilege as to particular questions andnnot others.

 

StarfishSaver

(18,486 posts)
3. True
Tue Sep 17, 2019, 04:20 PM
Sep 2019

And while it's possible to hold someone in contempt for refusing to answer questions under certain circumstances, like after being granted immunity from prosecution, it's virtually impossible to hold anyone in contempt who has appeared and is responding to questions but not really answering or answering the way they want.

vsrazdem

(2,177 posts)
4. They are required to answer or they can plead the 5th, otherwise a judge expects an answer or they
Tue Sep 17, 2019, 04:23 PM
Sep 2019

are held in contempt until they do, but since the DOJ will not enforce a contempt citation in court, we are screwed.

BumRushDaShow

(128,937 posts)
7. Remember that a Congressional Committee hearing is NOT a "court"
Tue Sep 17, 2019, 04:28 PM
Sep 2019

And the Committee Chair is not a "Judge". Congressional Committees have some remedies that include going to civil court (which is what they have done and they are awaiting the outcome of that).

 

StarfishSaver

(18,486 posts)
9. They can also invoke executive privilege, which Lewandowski did
Tue Sep 17, 2019, 04:30 PM
Sep 2019

He didn't refuse to testify. He refused to answer some questions based on executive privilege. The only way to get around that is to take him to court, which would probably take months.

He did answer the other questions - at least in the sense that they asked him questions and then he talked. The lack of responsiveness to the actual question, as frustrating as it is, does count as answering and it's unlikely that a court would find him in contempt based upon this him a determination of whether a an answer is responsive or not is highly subjective.

vsrazdem

(2,177 posts)
14. Yes, whenever that might happen. In the meantime, continuing to watch this farce is really getting
Tue Sep 17, 2019, 04:40 PM
Sep 2019

to me. At this point, I am so disgusted by this entire situation, that I can't continue to watch any of it. It just reinforces how powerless the Democrats are to do anything. By the time anything happens the election will be here. I think I will just stop!!!, turn off the Damn TV, stop listening to pundicts, and do the ONLY thing I have the power to do, and that is Vote. I am too digusted to do anything else.

 

StarfishSaver

(18,486 posts)
15. You can do more than just vote
Tue Sep 17, 2019, 04:41 PM
Sep 2019

Are you able to get involved politically in your community? You can help register people to vote, do voter education, volunteer with the local party, etc.

vsrazdem

(2,177 posts)
19. I have made phone calls in the past, but I work 2 jobs 14 hours a day 6 days a week to
Tue Sep 17, 2019, 04:46 PM
Sep 2019

survive, so not much time for anything else.

 

StarfishSaver

(18,486 posts)
21. Understood. But do what you can when you can
Tue Sep 17, 2019, 04:51 PM
Sep 2019

Every little bit helps.

Mini campaigns, parties, and organizations now have phone banking you can do from home which is a great way to participate on your own schedule.

real Cannabis calm

(1,124 posts)
20. speaking of "community" has everyone visited their "State Forum" at DU?
Tue Sep 17, 2019, 04:49 PM
Sep 2019

There is a suspicious pattern in EVERY US State forum at DU, where a single person is dominating them all. Am I correct TexasTowelie?

vsrazdem

(2,177 posts)
8. So, basically what I am getting out of this, is there is no separation of powers, congress cannot
Tue Sep 17, 2019, 04:30 PM
Sep 2019

conduct oversight because the executive branch and DOJ will continue to obstruct, and the Constitution isn't worth the paper it is printed on, and unfortunately we are finding that played out real time on TV.

 

StarfishSaver

(18,486 posts)
12. The Constitution is worth more than the paper it's written on it. But it's not self-executing
Tue Sep 17, 2019, 04:38 PM
Sep 2019

It requires people to execute it. And when those people don't care about the rule of law, the Constitution can't single handedly stop them.

The same thing applies to any law. Unfor example we're all required by law to stop at red lights. The fact that some people blow through them doesn't make traffic lights useless area

BumRushDaShow

(128,937 posts)
13. Nixon attempted to do the same
Tue Sep 17, 2019, 04:38 PM
Sep 2019

with withholding the tapes, claiming broad Executive Privilege - leading to that famous "United States v. Nixon" that threw out that attempt.

ripcord

(5,374 posts)
17. It's exactly the same thing that happened with Lerner and Holder
Tue Sep 17, 2019, 04:43 PM
Sep 2019

If you didn't see this coming you don't know current history.

KPN

(15,644 posts)
18. It does seem like a Constitutional. crisis in real time
Tue Sep 17, 2019, 04:43 PM
Sep 2019

But apparently Americans don’t really care that much. Perhaps too many people are still too comfortable. That can’t last forever, at least if things continue on the past 40 year trend line.

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