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Mr. Gerhardt doesn't think the Judiciary Branch has historically played a role in separation of powers fights between the legislature and the executive?

Democrats didn't take those to court because they're racing against a clock leading to an election they think they'll lose.
If what he's saying is true, and it's not, then Barack Obama should've been impeached for refusing to turn over Fast & Furious documents, among others.

But he wasn't b/c Republicans went to court, not impeachment. And eventually, a court decided he must turn them over.
None of the branches are superior in this system of gov't. They're arguing for legislative superiority.

When those questions are raised, the judiciary branch weighs in. These are not new fights.

And the Democratic lawyer is ignoring Turley B/C fact-finding is not on the agenda.
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