, 8 tweets, 4 min read
@SpeakerPelosi 1) you don't have valid subpoena authority

Compliance With Procedural Rules
The second limitation on Congress' subpoena power is that,
for a subpoena to be valid, it must be authorized and issued in
compliance with the procedural rules applicable to the commit-
tee or
@SpeakerPelosi subcommittee. The court discussed this limitation in
Exxon Corp. v. FTC:
To issue a valid subpoena, however, a committee or subcom-
mittee must conform strictly to the [rules] establishing its
investigatory powers, and only those parties expressly autho-
rized to sign
@SpeakerPelosi subpoenas may do so validly. For example,
where the [rules] granting subpoena power to a committee
stated that subpoena would be issued only by the whole com-
mittee, not even the chairman himself could individually issue such a document...
@SpeakerPelosi 2) you're stalling bc you know the SC will side with Trump...

Rather, be-
cause of jurisprudential and separation of power consider-
ations, courts generally will act to protect against invalid sub-
poenas only after Congress has brought contempt proceedings
against a party
@SpeakerPelosi who was served and refused to comply.32
When this occurs, an invalid subpoena can be asserted as a defense to a prosecution for contempt of Congress.
@SpeakerPelosi 3) your subpoena request...when valid... Must be within scope of the investigation,

the third requirement, that the testimony or materi-
als sought should be pertinent to the inquiry, has served as a
basis for invalidating Congressional subpoena... Which was already released
@SpeakerPelosi By the President... The transcript of the call. You have no power here... If you go through with this you are fking yourself bc everything will come out in the open and we'll find out it was a set up. You're stuck. ✌️✌️
@SpeakerPelosi Please unroll @threadreaderapp and thank you
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