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'Arrest and Detain Giuliani Right Now,' Say Critics, After Trump Lawyer Refuses Congressional Subpoena by BannerBearer in politics

[–]cosmos_jm [score hidden] 37 (0 children)

I'm a lawyer and I also have a degree in Political Science. I've studied Constitutional law for 11 years. A lot of people are confused about Congressional subpoenas.

What I know is that Congress has a right to subpoena, inherent in their power to legislate, which defines investigatory scope and creates a Congressional subpoena process entirely separate from the process for judicial subpoenas. To summarize what defines the justiciability of congressional subpoenas, review the following from the "Contempt of Congress" wikipedia page as it is succinct and accurate:

"As announced in Wilkinson v. United States,[7] a Congressional committee must meet three requirements for its subpoenas to be "legally sufficient." First, the committee's investigation of the broad subject area must be authorized by its chamber; second, the investigation must pursue "a valid legislative purpose" but does not need to involve legislation and does not need to specify the ultimate intent of Congress; and third, the specific inquiries must be pertinent to the subject matter area that has been authorized for investigation.

The Court held in Eastland v. United States Servicemen's Fund[8] that Congressional subpoenas are within the scope of the Speech and Debate clause which provides "an absolute bar to judicial interference" once it is determined that Members are acting within the "legitimate legislative sphere" with such compulsory process. Under that ruling, courts generally do not hear motions to quash Congressional subpoenas; even when executive branch officials refuse to comply, courts tend to rule that such matters are "political questions" unsuitable for judicial remedy. In fact, many legal rights usually associated with a judicial subpoena do not apply to a Congressional subpoena. For example, attorney-client privilege and information that is normally protected under the Trade Secrets Act do not need to be recognized.[9]"

The three elements for a valid committee subpoena are clearly met. The overseeing committee is authorized by the Speaker to commence the inquiry; Congress has a vested institutional interest in checking and balancing the power of a manic and potentially traitorous executive branch; and lastly, the inquiries are pertinent to the subject matter area. (Giuliani claims to be Trumps lawyer and is implicated directly in the Ukraine scandal).

If Giuliani refuses to answer the subpoena he is undoubtedly in Contempt of Congress.

For further reading, I recommend this Justia article:

https://law.justia.com/constitution/us/article-1/05-congressional-investigations.html

'Arrest and Detain Giuliani Right Now,' Say Critics, After Trump Lawyer Refuses Congressional Subpoena by BannerBearer in politics

[–]AndurielsShadow 1483 points1484 points 33 (0 children)

"Take him out of the ball game, pick him out of the crowd, give him some handcuffs and ride in the back, we dont care if he never comes back. Cause it's root, root, root for indictment, if he makes bail it's a shame. Cause it's one, two, three crimes, we're done, cause this guy's insane!"

Democratic presidential hopeful Bernie Sanders to be endorsed by Alexandria Ocasio-Cortez by nnnarbz in politics

[–]branchbranchley [score hidden]  (0 children)

except Billionaires can still decide what happens on their networks, like they've been doing thus far this election

I'm gonna guess the r/BernieBlindness will soon extend to AOC and the rest of the Squad

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All are funded and operated by regular people, not Corporations. they'll make sure you get the truth the Billionaire media will never tell you

Discussion Thread: Fourth Democratic Presidential Debate | Post-Debate Thread by therealdanhill in politics

[–]braggpeak [score hidden]  (0 children)

Disappointing they didn't ask a question regarding the NBA and China and its influence in general over US companies. But at least they had time for a question about Ellen and friendship!

Discussion Thread: Fourth Democratic Presidential Debate | 10/15/19 | 8pm-11pm EDT by therealdanhill in politics

[–]loremipsumchecksum [score hidden] 2 (0 children)

The stents procedure restored full blood flow to his already throbbing social & economic justice boner. He's back!

'Arrest and Detain Giuliani Right Now,' Say Critics, After Trump Lawyer Refuses Congressional Subpoena by BannerBearer in politics

[–]SpectacledHero 2321 points2322 points  (0 children)

The whole Executive privilege line is absolutely ludicrous. How can there be executive privilege to avoid a process specifically created as a check on executive privilege? How is nobody even questioning these excuses made to avoid taking responsibility and evade justice?

The floodgates are opening as Trump officials publicly defy his orders and more whistleblowers come out of the shadows by avidjockey in politics

[–]Chilkoot [score hidden] 2 (0 children)

So it looks like a war-mongering blowhard with acute small-man complex may prove to be the unshakeable ideologist who boots the struts out from under this circus of an administration.

His custom-cut role was to play the intolerant "policy hawk" enabling the MCI Complex to bolster the wealth of the already wealthy and make sure the wheels of the same finance machine were greased for the next 20 years.

Unlike most of the current far-right power brokers, Bolton rose from a blue-collar home, and is the GOP's worst nightmare: he believed the party message and didn't just rely on it for family fortune. Now, he is pissed off, intellectually armed and is going to sing like a canary out of principle.

He's a dick, I don't like him, but that dick is buried so far up the GOP's ass that when Schiff pulls it out, he'll be named King of the realms.

Discussion Thread: Fourth Democratic Presidential Debate | 10/15/19 | 8pm-11pm EDT by therealdanhill in politics

[–]pointlessbuttonNorth Carolina [score hidden]  (0 children)

Kamala: "I was arresting this woman for weed when I found out she’s actually pretty cool, and we became friends when she got out of prison. That woman was also me."

Discussion Thread: Fourth Democratic Presidential Debate | 10/15/19 | 8pm-11pm EDT by therealdanhill in politics

[–]icanredditting [score hidden]  (0 children)

There needs to be a Secretary of Technology in the Cabinet, and the first one should be Andrew Yang. He has the knowledge and the willingness to speak to truth to power and update his position if the data tells him otherwise.

'Arrest and Detain Giuliani Right Now,' Say Critics, After Trump Lawyer Refuses Congressional Subpoena by BannerBearer in politics

[–]ValiantCorvusGeorgia 8198 points8199 points 3 (0 children)

He's not a government employee, he literally has no privilege to cite as an excuse to ignore congressional subpoena.

Send the Sargeant at arms after his ass and lock him up until he complies. Stop handling these shysters with kid gloves.

Discussion Thread: Fourth Democratic Presidential Debate | 10/15/19 | 8pm-11pm EDT by therealdanhill in politics

[–]NYforTrump [score hidden]  (0 children)

You all don't agree with Harris here right? She's asking a big tech company to silence her political rival.