Originally posted by Mountain Man
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Interesting analysis from one of my favorite sources:
White House Counsel Patrick Philbin explains why House subpoenas were illegitimate: the subpoena power was never authorized; the initiating subpoena power was never voted on.
Additionally, and specifically by design, absent a penalty for non-compliance, which factually makes a subpoena a ‘subpoena’, the Executive Branch had no constitutional pathway or process to engage an appellate review by federal courts. Make no mistake, this was a pre-planned purposeful trick within the Pelosi, Schiff and Lawfare road-map.
The House motive here, the forethought within their design, is very important now because it explains why they are vociferously demanding witnesses in the Senate. The House plan was to work around the ability of the executive branch to go to court. The managers are now attempting to execute that plan, along with a manufactured political talking point, in the Senate trial.
The House intended for this to unfold exactly as it is happening.
...
CTH noted the structural issue last August, and the issue remained throughout the heavily manipulated proceedings. None of the House requests for testimony or documents held any enforcement authority because the House did not follow the constitutional process.
The House was not issuing subpoenas, it was issuing letters requesting voluntary witness participation and document production. Recently the DOJ Office of Legal Counsel explained this issue in a lengthy legal finding that leads to the same conclusion.
https://townhall.com/tipsheet/bethba...-case-n2560099
Additionally, and specifically by design, absent a penalty for non-compliance, which factually makes a subpoena a ‘subpoena’, the Executive Branch had no constitutional pathway or process to engage an appellate review by federal courts. Make no mistake, this was a pre-planned purposeful trick within the Pelosi, Schiff and Lawfare road-map.
The House motive here, the forethought within their design, is very important now because it explains why they are vociferously demanding witnesses in the Senate. The House plan was to work around the ability of the executive branch to go to court. The managers are now attempting to execute that plan, along with a manufactured political talking point, in the Senate trial.
The House intended for this to unfold exactly as it is happening.
...
CTH noted the structural issue last August, and the issue remained throughout the heavily manipulated proceedings. None of the House requests for testimony or documents held any enforcement authority because the House did not follow the constitutional process.
The House was not issuing subpoenas, it was issuing letters requesting voluntary witness participation and document production. Recently the DOJ Office of Legal Counsel explained this issue in a lengthy legal finding that leads to the same conclusion.
https://townhall.com/tipsheet/bethba...-case-n2560099
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