Saturday, February 29, 2020

Court rules that they cannot compel McGahn to testify

Turley and others argue that this validates the President's position.
But in some ways it makes the opposite case?

I am going to play a little bit of devil's advocate here. Sure, Trump won the case. But not necessarily on the "merits" that McGahn could avoid answering questions by citing privilege, but rather because the Court argued that it wasn't their place to settle such a dispute. To some degree, this is affirmation that the House subpoena was not as binding as they argued (or the courts would have rules as such as an obvious matter of law). On the other hand, the courts did sort of punt the issue, making an argument that it was up to the House to and the Administration to handle their own dispute. Such is an implicit argument that impeachment could be one manner to handle it.

However, much of the underlying ideas of the second article was that the House was correct, McGahn and the White House was wrong, and they were just delaying the inevitable (stalling) by going to court. The underlying implication was that the Courts would rule in their favor, thus affirm their legal rights to subpoena McGahn and McGahn's legal obligation to testify. The fact that the courts sided (at least in result) with the President and McGahn make that argument wrong. So one "could" argue (as Turley clearly is) that the basis for article two of impeachment was based on the flawed assumption that going to court was a waste of time and that the House would have prevailed.

14 comments:

Anonymous said...

This is why the Socialist Democrats in the US House didn't challenge Trump .
They knew they would loss.

Caliphate4vr said...

Job isn’t complete keep flipping the 9th

TUCSON, Ariz. – A federal appeals court has blocked the Trump administration’s policy of returning asylum-seekers to Mexico to await court hearings, a practice immigrant advocates have denounced as inhumane and deadly.

The decision on Friday by the 9th U.S. Circuit Court of Appeals in San Francisco deals a blow to the Trump administration. The process — called the Migrant Protection Protocols, or MPP, also known as "Remain in Mexico" — had been seen as another tool in President Donald Trump’s asylum crackdown.

Throngs of migrants in the program began gathering at international crossings in Ciudad Juarez and Matamoros, hoping to be let into the U.S. But the decision — and migrants' hopes — lasted only a few hours. Later on Friday, the 9th Circuit judges granted an emergency stay on the injunction, as requested by the Trump administration, effectively keeping MPP in place while further arguments are heard. The case appears to be headed to the U.S. Supreme Court.

Anonymous said...

Which at the US Supreme court will again overturn the 9th Circus Court.

Still , like you said Cali, Flipping to be done.

Anonymous said...




all those negroes really DO look alike:


https://twitchy.com/gregp-3534/2020/02/28/holy-s-chris-matthews-confused-gop-sen-tim-scott-with-dem-senate-candidate-jaime-harrison/

Caliphate4vr said...

Now let’s leave that shit hole

U.S. Signs Peace Deal With Taliban After Nearly 2 Decades Of War In Afghanistan

Caliphate4vr said...

His pandering knows no bounds

Failed Baltimore Ex-Mayor Named Co-Chair For Bloomberg Campaign

C.H. Truth said...

Bloomberg is getting desperate. Wouldn't you too, if you had just burned through a half a billion dollars and was still polling at 16% in the national polls?

Anonymous said...



midget mike will probably end up spending more to NOT get the nomination that trump spent to get elected.


on a related note -

where oh where is pastor pederast the hypocrite?

ain't no "chariot's a comin" to save midget mike?





Anonymous said...



Failed Baltimore Ex-Mayor Named Co-Chair For Bloomberg Campaign

she's a super delegate.

that's why.

if midget mike succeeds in stealing the nom from bernie, milwaukee goes up in flames.

LOL.

Anonymous said...



Trump on pace for record Hispanic vote

“It was interesting during impeachment, it really turned off Hispanics. They repeatedly said they know a coup when they see one.”


https://m.washingtontimes.com/news/2020/feb/26/donald-trump-wins-over-hispanics-despite-strict-im/

C.H. Truth said...

midget mike will probably end up spending more to NOT get the nomination that trump spent to get elected.

Trump self-funded his primary campaign... with 33 million. Bloomberg will literally hit 20 times that number. Apparently Democrats still don't trust the guy who spent 33 million to win, and would rather trust the guy who has already gone over a half billion to very likely lose.

Anonymous said...

Bloomberg is getting desperate. Wouldn't you too, if you had just burned through a half a billion dollars and was still polling at 16% in the national polls?"

Yet, jane, alky and Denney's love midget Mike, all in for him.

Commonsense said...

I said all along there's not enough money in the world for Bloomberg to buy the presidency.

James was impressed with money and perceived power. I'm not.

Commonsense said...

As to the topic of this thread. This would be extremely embarrassing to the Democrats if they had any shame.