jollyroger's picture

    Did you bring the handcuffs, Nancy?

    By jollyroger on Fri, 02/28/2020 - 10:04pm |

     

    It would be wrong, in the excitement of watching Trump circle the drain labeled "coronavirus/katrinaflush" to overlook the message sent today in the Appellate endorsement of Judicial abstention vis a vis "absolute immunity" for executive branch employees when summoned before the legislative branch

     

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    Trump Scores Major Win In Fight Over House Subpoena Of Don McGahn

    https://talkingpointsmemo.com/news/dc-circuit-appeals-court-mcgahn-rulin...

     

     

     

    That said, it would appear that if upheld on appeal by the Supreme Court, the meta message is "open the doors to the House Dungeon".

     

    Bill Barr thinks this is funny as fuck...

     

     

     

     

    One wonders whether in the resulting habeas petition the court will be equally hands off when the imprisoned official squeals.

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    ETA the relevant precedent, the imprisonment for contempt of Howard Snowden Marshall...

    https://www.pointoforder.com/2019/10/29/dont-lock-him-up/

     

     

    Evidently the Court of Appeals anticipated my question regarding a hypothetical In re:Barr, petition for Habeas Corpus.

     

    Among the remedies proffered in amelioration of it's denial to the House of entry to the courts for redress, the opinion references the power of the House to enforce directly it's judgment that a noncomplier was guilty of contempt of congress, and, as Barr so wryly referenced, arrive with the cuffs.

     

    In that case, the court  helpfully pointed out, the aggrieved and putatively imprisoned contemnor would have the standing (lacking to the House) to seek the intervention of the Third Branch.


    by jollyroger on Fri, 03/06/2020 - 1:41am

    But the whole point is to lock the fuckers up until they comply, not appeal - the Susan McDougal approach.


    by PeraclesPlease on Fri, 03/06/2020 - 1:49am

    Felony cuter-than-the-law-allows, with enhancements.


    by jollyroger on Fri, 03/06/2020 - 3:10am

    On the wider point, viz compliance with the subpoena, the Appeals Court not having reached the merits, keep their hole cards obscured. 

     

    They were merely willing to concede, a priori,, (as it were) that a call for their intervention from an individual in peril of real harm would implicate their decision making duties in a way which the case before them did not.


    by jollyroger on Fri, 03/06/2020 - 3:15am

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