DOJ lawyer currently arguing to federal appeals court that courts have no role in resolving disputes between Congress / Executive branch.
DOJ lawyer says Congress can instead block appropriations, legislation and nominations to force cooperation.
Judge Griffith notes that impeachment for obstruction of Congress is also a remedy.
Judge Griffith notes that impeachment for obstruction of Congress is also a remedy.
DOJ lawyer says court risks becoming part of a "political food fight" if it weighs in on McGahn subpoena.
"You can be assured that the opinion this court issues will be waved on the floor of the senate" as proof of one side or the other's argument.
"You can be assured that the opinion this court issues will be waved on the floor of the senate" as proof of one side or the other's argument.
Judge GRIFFITH presses House lawyer on whether Pelosi agrees there could be more articles of impeachment based on McGahn testimony.
House lawyer Megan Barbero says yes, she has "the full authority of the House" to make that argument.
House lawyer Megan Barbero says yes, she has "the full authority of the House" to make that argument.
In many ways, DOJ argument in McGahn case bolsters Dems' decision to impeach for obstruction.
DOJ says Congress can't go to court but can block appropriations, legislation, nominations and even impeach to get their way.
Case in point:
DOJ says Congress can't go to court but can block appropriations, legislation, nominations and even impeach to get their way.
Case in point:
Judge Griffith seems sympathetic to this argument wondering why the House can't just rely on its own powers to pressure the Executive branch.
"Cut the appropriations. Get the Senate to stop confirming judges. Make it an article of impeachment. You're not without remedy here."
"Cut the appropriations. Get the Senate to stop confirming judges. Make it an article of impeachment. You're not without remedy here."
In case on House request for Mueller grand jury info, Judge RAO asks what House would do if court approves request but DOJ won't turn it over.
Thrown by the question, Doug Letter says House would have to turn to historical practice of sending sergeant at arms to retreive docs.
Thrown by the question, Doug Letter says House would have to turn to historical practice of sending sergeant at arms to retreive docs.
He says that obviously wouldn't happen, but Rao asks why it's so obvious. Letter says it's an outdated concept.
"We don't have the sergeant at arms go out and arrest people and maybe have a gun battle with Attorney General Barr's security detail."
"We don't have the sergeant at arms go out and arrest people and maybe have a gun battle with Attorney General Barr's security detail."
As LETTER argues that grand jury material could inform additional articles of impeachment, he notes that it could also be useful to House managers in Senate removal trial.
Judge Griffith interjects, jokingly, "Who are the House managers?"
"A little levity," he adds
Judge Griffith interjects, jokingly, "Who are the House managers?"
"A little levity," he adds
LETTER says it's so obvious that the House has the option to go to court to resolve disputes with executive because the alternative is to arrest executive branch officials or shut down the government.
Grand jury case has gone down a lengthy rabbit hole where Judge RAO keeps wondering whether DOJ could simply ignore court ruling authorizing release of material to Congress.
