Teri Kanefield Profile picture
Former appellate defender. UC Berkeley Law graduate. Book prizes include the Jane Addams Book Award.

Dec 30, 2021, 14 tweets

Trump filed a supplemental brief with the Supreme Court (in his executive privilege case) arguing that the committee is considering criminal referrals, therefore, the request for documents exceeds Congress's legislative powers.

1/

supremecourt.gov/DocketPDF/21/2…

His argument is that Congress does not (and should not) have a law enforcement function.

Central to his argument is that the committee is illegal and illegitimate and so the subpoenas are unenforceable.

Here is the article he quotes: washingtonpost.com/politics/janua…

2/

Given the fact that the committee is studying a crime to find out what legislation can prevent future crimes, it's hard to say that they shouldn't make criminal referrals where appropriate.

Trump's argument comes down to "they're picking on me!"

3/

Here is the basic problem with Trump's argument.

He says that in performing a criminal inquiry, the committee is violating the separation of powers.

So he wants the Court to determine the committee's "true goals"--which is itself a violation of the separation of powers. . .

4/

He wants the Court to conclude that TRUE goal of a Congressional committee is NOT its stated goal, which is to conduct a thorough inquiry into the attack on the capitol to find ways to make sure such an attack doesn't happen again.

5/

So he is asking the court to second-guess Congress's motives, which itself violates the separation of powers.

Besides, conducting an inquiry into the January 6 attack to determine how it happened to make sure it doesn't happen again, requires INVESTIGATING A CRIME.

6/

No -- and we probably won't know until mid-January.

I'd be surprised if the Court takes this. This was an appeal from denial preliminary injunction.

If they're interested, I assume they'll wait for a deision on the merits.

If I had a dime each time someone put this in my comments ⤵️

None of this is factual.

#1: This isn't "successful." It's moving quickly and not slowing down the committee.

#2: The committee will finish its work by summer.

#3: So even if the House changes hands . . .

. . . it won't matter.

#4: Have people already decided that the Republicans will win in 2022?

Wanna know how to suppress the vote and demoralize people? Say there is no chance so what's the point.

Idea: Don't repeat things without first thinking about them.

Lecture over.

Excellent point. And the Washington Post, no less.


I objected to the idea that the delay is "successful" and that running out the clock to November does any good.

What are his goals? Maybe:

Fundraising.
He thinks he'll win.
Seeding right-wing talking points as with the election fraud suits.

Who knows?

Also it's likely the committee already has everything it needs. Records are duplicative. Emails are copied lots of places. All you need is a few insiders turning over everything, and 300 witnsses are cooperating

More reasons this baseless doomsaying annoys me ⤵️

I also think there is a Fight, Fight, Fight mentality.

After Nixon resigned, people like Manafort and Stone were frustrated. They wanted Nixon to keep fighting.

So that's what Trump does. It keeps his supporters pumped up.

The other thing this does ⤵️is credit Trump with winning.

"Strongman Trump is beating everyone (again!)"

He probably loves when people say this kind of thing.

Really, he's a loser.

(People kept saying the election fraud lawsuits would succeed in delaying . . . They didn't.)

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