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This is desperate, ludicrous, and internally incoherent. It’s astonishing they found lawyers shameless enough to say this to an actual court. And my bar for being astonished at the shamelessness of attorneys is pretty high.
I assume ludicrous & desperate are obvious; “internally incoherent” because if you say a president can’t be indicted & impeachment is the only remedy for misconduct, then it can’t be “law enforcement” for Congress to investigate potential presidential misconduct.
Even aside from specific applicability to the executive, where this argument is weakest, the precedent says “Congress can’t act as a law enforcement agency”—not “Congress can’t investigate conduct that may involve crimes, period.”
