I'll be serious now. Here's how I read the letter.
The letter Bannon wrote asserts that Trump has ordered Bannon not to testify, so short of a court order, Bannon won't testify.
They're acting as if Trump is still president (weird much).
1/
The letter Bannon wrote asserts that Trump has ordered Bannon not to testify, so short of a court order, Bannon won't testify.
They're acting as if Trump is still president (weird much).
1/
https://twitter.com/Santucci/status/1448426706973433857
They're applying the same procedures that applied when Trump was president.
Now there is a sliver of an argument (it will lose) but it isn't frivolous to claim that a former president should be able to assert privilege . . .
2/
Now there is a sliver of an argument (it will lose) but it isn't frivolous to claim that a former president should be able to assert privilege . . .
2/
The problem is that Biden has said no, so the issue isn't whether Trump can assert the privilege. The issue is who has the final say, Biden or Trump.
It can't possibly be Trump.
Okay, so . . .
3/
It can't possibly be Trump.
Okay, so . . .
3/
. . . the burden is on Trump to file in court because a statute gives the power to the sitting president.
I think I grabbed the right one: congress.gov/bill/113th-con…
So this is the applicable law . . .
4/
I think I grabbed the right one: congress.gov/bill/113th-con…
So this is the applicable law . . .
4/
. . . unless Trump persuades a court that the former president should have authority over a sitting president.
The reaction of any court would be: 🤣
And boot him out.
BUT (and here's the rub)
Bannon says that the select committee needs to go get a court order.
5/
The reaction of any court would be: 🤣
And boot him out.
BUT (and here's the rub)
Bannon says that the select committee needs to go get a court order.
5/
Bannon is saying, "I'm not going until you show me a court order."
But they don't need a court order. The law is against Bannon.
Now, Bannon (like anyone) has the right to challenge a subpoena.
But it appears he isn't going to do that.
6/
But they don't need a court order. The law is against Bannon.
Now, Bannon (like anyone) has the right to challenge a subpoena.
But it appears he isn't going to do that.
6/
It's hard to guess what is in the minds of these totally unhinged people, but I wonder if Bannon is looking forward to being a martyr.
Look at how Trump is glorifying Ashli Babbit.
7/
Look at how Trump is glorifying Ashli Babbit.
7/
Correction to #5. I wrote fast.
Trump would have to persuade a court that the law on the books (giving ultimate authority to the sitting president) is unconstitutional.
Courts apply the law unless the law is unconstitutional.
8/
Trump would have to persuade a court that the law on the books (giving ultimate authority to the sitting president) is unconstitutional.
Courts apply the law unless the law is unconstitutional.
8/
Here's how silly it would be for Trump to argue that the law giving final authority to the sitting president is unconstitutional.
While he was president, he was totally cool with that law . . .
9/
While he was president, he was totally cool with that law . . .
9/
So now he'll waltz into court and say, "The law giving authority to the sitting president was totally constitutional while I was president, but now that Biden is president the law Must Be Stricken."
A court: 🤣
(Also, unitary executive theory no longer applies)
10/
A court: 🤣
(Also, unitary executive theory no longer applies)
10/
If Bannon doesn't show tomorrow, he is in defiance of a legal subpoena. Full stop.
The committee has a few options at that point.
11/
The committee has a few options at that point.
https://twitter.com/NeilNapier/status/1448444021647372292
11/
It isn't a delay tactic if he doesn't file a formal challenge.
It's looking like Bannon won't. (Coin toss as to whether Trump will, but that won't help Bannon).
Bannon doesn't get to make up laws and "I need a court order first" is made up.
12/
It's looking like Bannon won't. (Coin toss as to whether Trump will, but that won't help Bannon).
Bannon doesn't get to make up laws and "I need a court order first" is made up.
https://twitter.com/ThomasJAndre/status/1448446318641180673
12/
That's why it almost looks like Bannon wants to be a martyr.
Remember, lawbreaking is now a badge of honor. They become heroes when they defy the government.
Bannon said: I follow Trump's orders.
Maybe he wants to be a "hero"🤷♀️
Remember, lawbreaking is now a badge of honor. They become heroes when they defy the government.
Bannon said: I follow Trump's orders.
Maybe he wants to be a "hero"🤷♀️
https://twitter.com/spark_pat/status/1448441390086508549
He wouldn't. It's stupid. I looked up the case he cited in his letter to see if there is any support in the law for his position. There isn't.
His argument is that he's obeying Trump's orders.
13/
I've been arguing ⤵️that cool heads need to prevail, that rule of law should be orderly and deliberate.
If in fact, Bannon wants martyrdom all the more reason not to raise the temperature and create unnecessary drama or make "statements."
14/
If in fact, Bannon wants martyrdom all the more reason not to raise the temperature and create unnecessary drama or make "statements."
https://twitter.com/Teri_Kanefield/status/1447715649644482561
14/
Okay, so not frivolous.
Here's the problem: The subpoenas cover information about the Stop the Steal rally and events leading to the insurrection, none of which are part of the president's duties of office . . .
15/
https://twitter.com/Geoff_Casavant/status/1448454112203444235
Here's the problem: The subpoenas cover information about the Stop the Steal rally and events leading to the insurrection, none of which are part of the president's duties of office . . .
15/
The subpoenas also seek information about Trump's attempt to prevent the counting of electoral votes, which is certainly outside the scope of a president's duties.
(I think I misnumbered back there)
16/
(I think I misnumbered back there)
16/
I'll add that things are a bit more complicated in terms of procedure and argument than I'm going into.
Also ⤵️ I threw in the comment about the unitary executive theory without explaining. Trump while president argued that . . .
17/
https://twitter.com/MPN2btuned/status/1448619127212478466
Also ⤵️ I threw in the comment about the unitary executive theory without explaining. Trump while president argued that . . .
17/
. . the president has sole authority over the executive branch. That's Biden now.
So what will he argue? "Unitary executive theory actually means that Trump controls the executive branch, whether or not he's president?"
Absurd.
18/
So what will he argue? "Unitary executive theory actually means that Trump controls the executive branch, whether or not he's president?"
Absurd.
18/
That's why I suspect that the letter is for the Court of Right-Wing Public Opinion and not a real court.
Whether Trump will actually file anything in court is an open question. I've argued it won't create meaningful delays and could backfire.
nbcnews.com/think/opinion/……
19/
Whether Trump will actually file anything in court is an open question. I've argued it won't create meaningful delays and could backfire.
nbcnews.com/think/opinion/……
19/
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