@politico This is a massively important issue, and I pray the DC Circuit gets it right (and SCOTUS then leaves it t.f. alone). A couple historical notes, for context: ...
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@politico DOJ's argument -- that the courts have no role in subpoena/oversight disputes between Congress and the WH -- is basically Barr's. He laid it out in a speech last year to the Federalist Society, calling for the branches to "club" each other instead:
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@politico But, as @AndrewDesiderio and a few hundred thousand others pointed out, that's the exact opposite of the argument Trump's l̶e̶a̶v̶e̶-̶t̶h̶e̶-̶c̶a̶s̶h̶-̶o̶n̶-̶t̶h̶e̶-̶d̶r̶e̶s̶s̶e̶r̶ ̶s̶l̶a̶t̶t̶e̶r̶n̶, er, attorney Jay Sekulow argued during impeachment:
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@politico @AndrewDesiderio Interestingly, the Supreme Court has never, ever ruled that executive or attorney client privilege apply to Congressional investigations, for good reasons I won't explain here. Congress only allows witnesses to claim privilege because it's the right thing to do: comity etc.
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@politico @AndrewDesiderio So for a president to claim not only executive + attorney-client privilege, but ABSOLUTE privilege for everyone he wants to have it? And then to claim the courts don't even have jurisdiction to say otherwise?
It's offensive. No DOJ lawyer should have even taken the brief.
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It's offensive. No DOJ lawyer should have even taken the brief.
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@politico @AndrewDesiderio The Roberts Court + several circuits have betrayed the American people during Trump, expediting/granting cert on cases they shouldn't have touched, + dragging their feet on others that could have restored power balance during a nascent tyranny.
Pray they get THIS one right.
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Pray they get THIS one right.
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