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NEW: Congress’ ability to investigate presidents comes before the Supreme Court that Trump has shaped today. The outcome could influence the 2020 election: lawmakers are fighting for access to Trump’s financial records. W/ @joshgerstein @Zachary

politico.com/news/2020/05/1…
Trump’s lawyers say Congress investigative powers, outside of impeachment, are limited to pursuing legislation. Law enforcement would handle misconduct allegations.

But in the same breath, Trump’s legal team is arguing in a 2nd case that presidents can’t be investigated at all.
So far, the courts have ruled against Trump’s team at every level. But Trump’s lawyers are hopeful the Supreme Court is friendlier turf. politico.com/news/2020/05/1…
Justice THOMAS (yes, he spoke) misstated the ruling of the DC Circuit court, which upheld Congress' power to subpoena Trump's financial records.

Thomas seemed to mix it up with the dissent in the Appeals Court by Justice RAO, who said Congress must rely on impeachment power.
GINSBURG: "Even the policeman on the beat, if he stops a car and gives the reason that the car went through a stop sign, we don’t allow an investigation into what the subjective motive really was. So here you’re distrusting Congress more than the cop on the beat."
DOJ ATTORNEY: "The power they are seeking … will I think reshape and transform the balance of the separation of powers. These subpoenas ... once the House has this weapon, will harm and undermine the presidency of the United States."
NOTABLE: House counsel LETTER just said a committee could conceivably subpoena another member of Congress about their personal life or records from before they were in Congress, if it was related to efforts to pass legislation.

Letter emphasized this hasn't happened.
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Kyle Cheney
@kyledcheney
NEW: Democrats abandoned plans to vote on a FISA renewal bill that once had broad bipartisan support -- a reflection of crumbling support among progressives and a veto threat by Trump, which led Rs to abruptly reverse their support.
politico.com/amp/news/2020/…
PELOSI emphasizes that Republicans had no substantive reason for reversing -- if anything the tweaked version of the bill included more protections that GOP members called for. Trump veto threat was all that changed.

politico.com/amp/news/2020/…
Story w/ @BresPolitico @sarahnferris politico.com/amp/news/2020/…
Read 3 tweets
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Kyle Cheney
@kyledcheney
Acting HHS IG Christi Grimm defends the report that Trump attacked her for.

"The report provided quick and reliable data from the ground" citing findings intended to help hospitals across the country manage beds, patient flow and child care for hospital workers.
GRIMM says she's talking with the Homeland Security IG about reviewing how the national stockpile was deployed by HHS and FEMA.
GRIMM downplays Trump's decision to nominate a new HHS IG as a threat to her independence. She noted that her office has been preparing for Trump to nominate a permanent IG since the last one retired in June 2019.
Read 4 tweets
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Kyle Cheney
@kyledcheney
NEW: There are serious constitutional questions about Congress’ ability to shield inspectors general from a president determined to undermine them.

The Supreme Court could soon make it impossible. politico.com/news/2020/05/2…
IGs occupy a weird space: Executive Branch officials who act as ‘moles for Congress,’ as one expert said.

But the long list of legislation to protect them from firing without cause could become moot if the justices issue a broad ruling next month.

politico.com/news/2020/05/2…
After Trump ousted the State Dept IG earlier this month, Democrats offered a raft of new proposals — some of which would bar Trump for firing IGs without cause.

Congress has attempted similar limitations on exec branch officials for years. But they haven’t been tested.
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