Rao's dissent is deeply embarrassing. But what I find most alarming is that she appears to believe the judiciary has the power to "determine the scope of impeachable offenses."
She seems to think the courts can block an impeachment. She is ready to run interference for Trump.
She seems to think the courts can block an impeachment. She is ready to run interference for Trump.
The thrust of Rao's dissent is that the House has to invoke its *impeachment power* to investigate the president. It cannot investigate him pursuant to its legislative authority.
Which is just not true! Congress passes legislation governing the executive branch all the time!
Which is just not true! Congress passes legislation governing the executive branch all the time!
Rao has claimed for herself the power to decide that the Mazars subpoena is *really* about impeachment—not legislation, as the House claims—and wants to crush it on that basis.
She simply does not have that authority. This is insane. Her whole dissent is preposterous.
She simply does not have that authority. This is insane. Her whole dissent is preposterous.
Rao writes: "the legislative power cannot target whether the President violated the law." What? The House has already passed an ethics bill with provisions governing the president. It wants to know if it needs to go farther. That's a quintessential exercise of legislative power!
Rao writes: "the House cannot target conduct that could constitute a high crime or misdemeanor through the legislative power." Again: Says who? Rao has fabricated a rule that when the House wants to investigate *serious* stuff, it has to invoke impeachment. That's just made up.
If taken seriously, Rao's argument would insulate the president from congressional investigations into his illegal conduct *unless* (1) the House invoked impeachment and (2) the courts found the allegations to be within "the scope of impeachable offenses." What?!
Rao's dissent trashes Supreme Court precedent to protect Trump from oversight. It inserts the judiciary into the political process, giving judges vast power to quash impeachments.
This is why Trump and McConnell keep putting people like Rao on the bench. It is paying off.
This is why Trump and McConnell keep putting people like Rao on the bench. It is paying off.
Neomi Rao wants to hobble the House's investigations into the president who appointed her.
Her outlandish theory would empower the judiciary to quash an impeachment altogether. slate.com/news-and-polit… @Slate
Her outlandish theory would empower the judiciary to quash an impeachment altogether. slate.com/news-and-polit… @Slate
