Thread by @dcpetterson

I haven't seen this said. It needs to be.

There is a very good reason the House has not yet started impeachment hearings. Here it is:

If impeachment starts now, Congress becomes powerless.

It's true, though it's counter-intuitive. Let me explain.

1/20

Put aside that the Senate won't convict, which means any impeachment of Trump is futile, and impeachment becomes forever after no more than a bad joke. That's bad enough, but that's not my point.

2/20

The House has issued subpoenas for documents and testimony, which the Trump Reich is ignoring. Critics are arguing these items would be easier to get if they were issued through an impeachment process.

3/20

Of course, Trump would ignore the subpoenas even if (and especially if) they were issued as part of impeachment proceedings. The House would still have to take Trump to court to enforce them, as they are doing now.

But that's not my point. Stay with me here.

4/20

It's argued that courts would be more likely to uphold and enforce subpoenas under impeachment than under a "regular" inquiry. That's never actually been tested. Never has a subpoena been ignored under "regular" proceedings, then been upheld if re-issued under impeachment.

5/20

But that's not my point either.

Compliance with a Congressional subpoena is never optional. Everyone--even the president--MUST comply, regardless of what "kind" of subpoena it is. Federal courts MUST uphold them.

That's also not my point, but it's closer.

6/20

Imagine that argument is correct though, that courts will uphold "impeachment subpoenas" more surely and faster than "normal ones.

Imagine Congress gives up trying to enforce its current subpoenas, and moves right to impeachment.

7/20

The message Congress would be sending--the message Trump would hear--the message every president after Trump would hear--is this:

Congressional subpoenas can be ignored with no consequence.

8/20

Any time Congress issues any sort of request or subpoenas for any documents or testimony, any president from now until the end of time can say,

"No. I won't. Impeach me, and I'll think about it. Until then, fuck off."

9/20

If Congress gives up now, Congress loses the ability to conduct any sort of investigation or oversight of any president, for as long as America lasts--unless it is part of an impeachment investigation.

That possibility is horrifying.

10/20

Congress MUST establish that is has the power to compel compliance with its need for documents from the executive branch, or else the Constitutional system of checks and balances is

utterly

gone.

This is not an option. America cannot let this happen.

11/20

"So," you ma say, "why doesn't Congress invoke Inherent Contempt, and start putting people in jail?"

Inherent Contempt is a power that Congress has to fine or jail people who ignore subpoenas without going through court.

12/20

Put aside the practical problems (ex: Congress does not have a prison), this is, and must be, a last resort.

First, cutting the courts out of the process does as much damage to Constitutional becks and balances as does surrendering the power of Congressional oversight.

13/20

And second, jumping to Inherent Contempt without first exhausting the remedies of the Courts is, again, an admission that no president has to comply with any subpoena unless Congress is prepared to take that final, nuclear step of Inherent Contempt.

14/20

Again, Congress MUST establish that its subpoenas are good, and that federal courts WILL enforce them. Otherwise, Congress is powerless to conduct regular business in any reasonable manner.

15/20

Our Constitutional system is under assault. We cannot defend the Constitution by dismantling it.

Yes, we are facing unprecedented challenges. And yes, unprecedented steps may have to be taken.

16/20

But if we jump right to those steps, we are surrendering our Constitution to the hostile foreign power who put a puppet in the White House.

The purpose of that attack on America was to destroy our Constitution.

17/20

The purpose of that attack was to convince us--you and me and all other patriots--that the Constitution no longer works.

Any of these extraordinary steps--without having first establishing the power of the less extraordinary steps--would be a surrender to Russia.

18/20

There have been shameful episodes in America's past where we suspended Constitutional rights and Constitutional checks--the Japanese internment camps, the treatment of Native Americans, Jim Crow laws, and on and on.

We cannot make that mistake again.

19/20

We may have to take extraordinary steps of invoking Inherent Contempt, or of proceeding to impeachment simply because we've lost patience with the courts.

But we'd damn well better be sure we need to.

Or else the Constitution is meaningless.

20/20

@threadreaderapp unroll please

Several have asked for a threaderaderapp unroll of this thread. For some reason, the app doesn't seem to be working. I put the thread on Medium with some corrections and expansions.
medium.com/@dcpetterson/w…