If this goes right, it could be one of the healthiest blows against the Imperial Presidency in decades. If it goes wrong... Congress loses oversight ability forever.
Short thread on Kupperman v. House, the lawsuit filed yesterday by one of Bolton's deputies, asking a court to tell him whether he should comply w/ Congress' subpoena or the WH's instruction not to testify. (Background: courthousenews.com/former-trump-a…)
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Here's the actual complaint in Kupperman v. House (PDF): courthousenews.com/wp-content/upl…. It's as well-written as any I've ever read, clearly outlines both sides, + is scrupulously neutral on the desired outcome. Legal writing profs (@LadyLegalWriter!) might use it as an exemplar.
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@LadyLegalWriter This may be THE most important lawsuit since the Warren Court era. Seriously. This case WILL reach SCOTUS. And while SCOTUS might split the baby in some way, it's far more likely to use it to decide THE fundamental Constitutional Q of our times: ...
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@LadyLegalWriter ... to-wit: the entire scope of Executive Privilege vs Congressional oversight and impeachment power.
Or, more broadly: whether America will be governed firstly by The People's House as the Framers intended, or by Schlesinger's "Imperial Presidency." is.gd/OjUEWH
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Or, more broadly: whether America will be governed firstly by The People's House as the Framers intended, or by Schlesinger's "Imperial Presidency." is.gd/OjUEWH
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@LadyLegalWriter This is the case Scalia dreamed of but died before he could decide. Democrats blocked Bork for fear he'd get to decide this case. This is the case Kavanaugh has wet dreams about. It's the case EVERY SC chief justice dreams of getting, just once in his entire term.
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@LadyLegalWriter Again, the Court COULD treat this as the merely procedural matter it appears to be, clarify 1974's US v Nixon on the scope of Executive Privilege, and let the other two branches keep fighting it out.
But Marbury v Madison looked like a minor procedural kerfuffle, too.
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But Marbury v Madison looked like a minor procedural kerfuffle, too.
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@LadyLegalWriter Until now, I believe Roberts has wanted to stay out of what I'll generically call "Congress v Trump", to preserve the Court's reputation and his own legacy as CJ. But this minor procedural lawsuit gives him the opportunity to CREATE his legacy. I doubt he'll pass it up.
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@LadyLegalWriter I might be overreacting, but I don't think I am. Anyway, pay attention to this lawsuit. And read the complaint (linked above). It's clear and informational and lays out the larger issues in a way that's valuable in these info-overloaded times.
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@LadyLegalWriter Important point. Yes, and the entire court-imposed requirement of "accommodation" (seemingly-endless negotiation) of interbranch disputes was designed to avoid bringing matters to a head. But this lawsuit does exactly that.
