, 11 tweets, 4 min read Read on Twitter
@qjurecic The Presidency fell in 2016, the DOJ fell with Barr's confirmation, the Senate is not yet fallen, but is afraid and impotent. American Democracy has the house for 18 months, and the Supreme court (maybe) as long as RBG is still alive and the Free Press. What is the strategy?
@qjurecic Impeachment is a long shot, but we must educate the public through hearings, but Trump and Barr are obstructing (they know how damaging it will be), so how do we enforce the subpoenas? I've looked at the limited legal opinion on Inherent Contempt power of congress..
@qjurecic I'm a lawyer, and former political strategist, so here goes with the blending of my skills. (lawyer skills limited and welcome imput and critique) It appears there are 3 ways to enforce a subpoena. 1) litigate it through courts (not good as lets Trump run out the clock)
@qjurecic 2) Hold individuals in contempt and refer to DOJ for prosecution (not effective as Barr will not enforce, 3) hold someone in contempt and send Sgt. at Arms to arrest the individual (dangerous as subject to hebeaus corpus challenge and seems like an over reach)
@qjurecic So none of the options look good. Some of the articles I've read say that courts have said in dictum (non binding legal comment in some of the cases) that congress could impose a fine on those ignoring a subpoena. I think this is the way to go. I'll explain:
@qjurecic Because our institutions are falling instead of holding, it is imperative that we act and confront the problem now not later. I suggest congress hold individuals in contempt and levy large fines on a per day basis for non compliance, and force a confrontation while RBG on court
@qjurecic The fines while speculative with no prior cases, it forces the confrontation and is less oppressive than arrest. It relies on the three parts of government that have not fallen, The Supreme court (yet to be tested), the democratic congress, and the Free press
@qjurecic It will be imperative that the free press act to pressure the remaining institutions to do their duty (it will require that they push the envelope of their normal action to defend themselves and the country) We must also marshal retired political leaders, Military leaders,
@qjurecic retired jurists, corporate leaders, mayors, Governors, attorneys General, celebrities, all rally to support the action of congress. The fines would leave the individuals wondering about their exposure if the court upheld the fines. So it would exert pressure now.
@qjurecic I welcome the critique of those who are better lawyers than I am.
@qjurecic One more point, because Barr will not now hold Putin accountable in 2020, Putin may be more embolden to take active measures to a new level, the "spying" attack intended to intimidate FBI so they won't investigate 2020 attack. Therefore we cannot depend on a fail election.
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