Thread by @TheLastRefuge2

1.) Congressional rules empower all its standing committees with the authority to compel witnesses to produce testimony and documents for subjects under its jurisdiction.

https://twitter.com/TheLastRefuge2/status/1180996714985119744

2.) Committee rules may provide for the full committee to issue a subpoena, or permit subcommittees or the chairman (acting alone or with the ranking member) to issue subpoenas. However, there are caveats...

3.) As announced in Wilkinson v. United States, a Congressional committee must meet three requirements for its subpoenas to be “legally sufficient.”

Pay attention to the First requirement.

Cont...

4.) First, "the committee’s investigation of the broad subject area must be authorized by its chamber"..

The "chamber" granting investigative authority is the House of Representatives.

NOT a decree by Speaker Pelosi. Committee authority is only authorized by a chamber vote.

5.) Under Article 1, Section 1 of the Constitution, the House derives power of oversight from its power to legislate.

The second hurdle for a valid subpoena is the "investigation must pursue a valid legislative purpose."

6.) Articles of Impeachment get formalized in a "RESOLUTION" from the House of Representatives, not a "BILL".

7.) Impeachment is formalized by a RESOLUTION of the House, and all of this Committee inquiry, “subpoenas” and witness testimony/deposition is totally without basis because RESOLUTION confers no judicial authority on the Committees.

8.) This is why all these "letters", called "subpoenas", have careful wording to avoid expressing judicial authority. The wording is avoided, because judicial authority doesn't exist.

9.) Judicial authority doesn't exist because the first hurdle to congressional subpoena authority was never overcome.

The committee investigation "has not been authorized by its chamber"...

10.) If the "chamber" (meaning full house) had authorized the start of an impeachment investigation (the authority needed for valid impeachment subpoenas that can cross the firewall around separation of powers) a singular committee would hold jurisdiction.

11.) That authorized House committee would be the House Judiciary Committee. Jerry Nadler Chairman.

12.) Speaker Pelosi, with major forethought and lots of planning by the Lawfare Alliance, is intentionally using non-jurisdictional committees because she is manipulating the impeachment process.

13.) Manipulation for politics is the same reason why House Intelligence, House Foreign Affairs and House Oversight committees cannot legally send out “Impeachment-based Subpoenas“; they have no impeachment jurisdiction and have no judicial authority. [No chamber authorization]

14.) Speaker Nancy Pelosi could never succeed in the impeachment scheme were she not assisted by a compliant media. Pelosi is burning a constitutional process.

15.) Everything is carefully worded because Speaker Pelosi does not want to engage the judicial branch, nor does she want to give the target (President Trump) the opportunity to engage the judicial branch, ie. court.

16.) The judiciary would likely upend her House committee “official impeachment inquiry” scheme, just as D.C. District Court Chief Judge Beryl Howell recently did to Judiciary Committee Chairman Jerry Nadler for “gaming the system“.

foxnews.com/politics/judge…

17.) Speaker Pelosi’s unilateral decree for an “official impeachment inquiry” (without a House vote) will not pass court review -on a subpoena challenge- because this is a transparently constructed subversion of constitutional processes & procedures.

Lacking judicial authority.

18.) As a result of this scheme the committees’ need to construct a penalty mechanism that benefits the impeachment agenda but avoids the court system. As a result we see this:

19.) These letters from congress, they are calling ‘subpoenas’, are specifically designed to avoid the courts because of the one-party unilateral nature of the "investigations" which underpin their content.

20) Three-part summary:

First, The House Committee impeachment investigations are structured around unilateral rule changes made by Pelosi’s scheme team in 2018 designed to block republicans.

theconservativetreehouse.com/2019/09/28/pel…

21.) Second, in 2019 Speaker Pelosi then launches a unilateral “official impeachment inquiry” by decree. Again designed to block republicans.

theconservativetreehouse.com/2019/10/05/nan…

22.) Third, Pelosi combines the 2018 unilateral rule changes with unilateral committee assignments, and designs an obstruction path within a 2019 unilateral investigation, again completely carving out republicans.

theconservativetreehouse.com/2019/10/06/fin…

23.) /END