‘Earth Shattering’ Ruling Denies House Enforcement Power On Subpoenas

U don’t bring a law book to a knife fight. Stop with the excuses. Average citizens get taken into custody & led from courtrooms everyday & held in jail until money is paid. These arsewipes have already been given untold freedom to thumb their noses. Don’t think it would require making examples of too many of these pampered idiots. Once they did some time outside 5 star resorts, or lost some money, the cooperation would go up.

The judge is retiring at the end of the day – he doesn’t care at all.

2 U.S. Code § 192. Refusal of witness to testify or produce papers

Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months.

That’s clear to me: they send you a subpoena, you answer it or pay a fine and possible jail time.

Don’t get me wrong. I love the idea of locking up McGahan and others from this administration over their contempt for Congress. Also, this IS an appalling ruling. However, I suspect that just as has happened with Flynn in this same Circuit’s Court of Appeals an en banc hearing will take place and slap this down. Hard. After all, in a different case (via a different appeals court) SCOTUS itself held just a month ago that Congress DOES in fact have the power to issue subpoenas and enforce those subpoenas. I’m pretty sure another en banc hearing is in the offing, and should Flynn appeal getting slapped down to SCOTUS they will decline Cert. Still, it’s a delay and as many (if not all) defense criminal lawyers like to say a delay is the next best thing to an acquittal – at least for rich clients that are out on bail and can keep coughing up the kinds of fees that buy additional vacation homes, yachts and private jets.

The larger issue is the importance of judicial appointments, a long game conservatives have been playing for decades. Over and over conservatives have showed up in droves in all elections, not just Presidential ones. Our side hasn’t, and at times hasn’t even showed up all that well even in Presidential years. A big reason why is the issue of the federal Judiciary. A horrible (IOW not at all “perfect”) storm was created when McConnell decided to pull the stunt with Merrick Garland. He got away with it and if Trump couldn’t win the popular vote he still managed to get into office and the GOP retained it’s grip on the Senate. It’s why all those conservative voters held their noses and voted for him. It’s easy to ascribe it all about over Roe v Wade which animated the religious nutjobs but the mistake our side made was not looking beyond that. Because the GOP always did.

Think about how often we talk (justifiably so) about Trump, and increasingly (although its long been the case) other Republicans accusing Democrats of the very things he or they actually are or do. “Activist Judges” has been a GOP rallying cry for decades and long before that Party turned into the Trump cult this resonated deep with their voters. Again, it was always about more than Roe v Wade and if you look below the surface of the Reagan Revolution and it’s cynical alliance with conservative christians the fact is most of the GOP power structure and even the bulk of its elected officials in Congress weren’t all that up in arms over the abortion issue. As I told a very good friend of mine around 1990 or so who was a terrific gal who although Republican (albeit closer to the Rockefeller kind than the Reagan kind – she’s just two years younger than me) didn’t see what the big deal was about Roe v Wade as some states would still allow abortion. So I pointed out to her how shortsighted she was. She was honest enough to have admitted in other discussions she didn’t know what she’d do if (she’s never been married – has had long relationships but never married) she had an unplanned pregnancy. So I pointed out to her that yes, if Roe v Wade were struck down at least for a time abortion would still be fairly available in a handful of states, and even in some states where illegal if a woman knew the right doctors and lawyers hoops could be jumped through to obtain one. I then pointed out SHE had that luxury as a professional (Dentist who had bought her dad’s quite successful practice – and her hobby was breeding and raising race horses) could afford the doctor’s and psychiatrist’s visits, or just take a few days for a trip to New York or California or even if necessary out of the country for an abortion. Then I asked her how many women did she know, even among her friends who could do the same? The way she visibly leaned back made it seem like I’d slapped her in the face, but though I didn’t hit her physically I delivered a huge blow to her conscience. I changed her mind that night. And while I had the advantage I pointed out other ways a conservative controlled SCOTUS could impact people’s lives. As a medical person and small business owner she doesn’t care at all for regulations that she’s had to deal with, but after that was much more understanding of the big picture, and willing to vote for Democrats sometimes.

Anyway while we still sometimes hear the term Activist Judges the GOP has pretty much avoided the term in recent years because that’s exactly the kinds of judges and Justices they’ve been hell bent on ramming through to the bench. Now THEY are the ones who used more nuanced language about what judges and Justices Democrats might do even though hypocrisy seems to be something they no longer care about. However, after four decades of their “Activist Judges” attacks on Democrats they can speak in more measured ways that might be beyond the capabilities of so many of the goobers but those goobers have been so conditioned they get the meaning just fine.

I’m angry we’ve gotten to this point. Angry at so many of those suburban Republican women we are so happy to have on our side now who like my friend have always known if Roe v Wade was overturned the resources to obtain an abortion for them or their daughters wouldn’t be much of an issue. I can’t help but wonder how many of them have come our way in part because it’s finally dawned on them that the religious nuts aren’t just out to stop all abortion in the U.S. They are also out to make all birth control illegal (again) too!! But since this is already too long I’ll end with something I’ve talked about earlier – the control of the federal courts goes beyond reproductive rights. Way beyond and it was always intended to do so. We’ve been seeing the roots the Federalist Society began planting grow into trees that are bearing poisonous fruit.

The Trump Era: just when you think things can’t get any worse.

But…
‘Arrest first, and let the arrested contest. SCOTUS made it clear that the House had the ability to enforce subpoenas though it’s inherent contempt powers, use em or lose em’

THIS THIS THIS THIS. Goddammit – THIS! This is what McConnell loves having 45 in position. He has put in judges that he wants to do this shit.

I agree, it’s time to quit squirming around in the Trump shit show, if they want to play fine line descriptions of all possibilities to AVOID RESPONSIBILITY to our precious OVERSIGHT responsibility’s, SO BE IT …

Oh, another thing, no matter whom in the WH/Congress retired or not and of hard line suspected first hand info, regarding National security and flat refusal to cross Trump, let them know, for their own protection, they will spend at least 6 months to a year in orange jumper/orange rubber shoes/”T”, shirt and boxer shorts … no exotic meals, just standard grub, and general population mess hall and general population showers with monitors and their, start/stop whistles …

Too bad, no candies on the pillows, just old crew socks, (white), Trump’s shoe lifts – GONE, trump’s special hair arrangements – GONE, (a lot easier maintenance, shaved head)

Trump lives for the threat of his deals, lets spring cartoons for the threat of anyone’s prison deal, with Trump’s coming in NEXT JANUARY, dual purpose threat, let the naysayers see the results of crossing our House committees, AND Trump to just rattle the hell out of him, saying, “because Trump and his Admin, will not comply with our Constitutional rights of action, we, with regret to say, WE WILL ENFORCE MANDATORY, PRISON TERMS OF AT LEAST 6 MONTHS TO A YEAR

— no special considerations, standard prison garb and meals, in regular population mess halls no exceptions, normal cell detentions … open bowl on the wall johns, polished stainless steel mirror, small sink, stainless steel cup ON A CHAIN …
No cell phone, good behavior can make collect calls on hall phone, (monitored and recorded), small bar of soap, hand towel …

Trump will get cold chills facing the removal of his,”special”, cell phone, Twitter Crap stuff … a plea for some of those great artists out there …

some cartoon characters, including, Louis LeJoy, Don McGahn, Don the Con himself, shaved headed and talking on the hall phone at prison saying, “Hey Joe, about my Pardon”, loud ‘CLICK’, on the phone

IT IS TIME to remind Trump his dirty laundry is showing and his ultimate home could be REALLY tough for the child-like idiot he IS …. no more rides at our expense to ignore presidential responsibilities … PLAYING AT GOLF INSTEAD …