Thread by @MuellerSheWrote

DUE PROCESS: A THREAD: (I know you're sick of me saying this) Let's say committee asks Perry to come in for a voluntary deposition and to please hand over relevant documents. Perry refuses. The committee probably asks one more time under threat of a subpoena. 1/

If Perry refuses again, they issue the subpoena with a reasonable time frame for him to respond. If Perry fails to appear, they send another letter saying YOU SURE BRO? You're in contempt, and if you don't cure that contempt by coming in this week, we will refer you to DoJ. 2/

If Perry still refuses, the committee schedules a vote for three days from then (per house rules), then the next day the rules committee considers it and votes, then the next day the full house can vote. Then they can send the referral to the DoJ c/o the DC USAO. 3/

The DC USAO must present it to the Grand Jury (already impaneled), but must follow the rules of federal criminal procedure which require the ability to obtain AND maintain a conviction on appeal in order to indict. 4/

If the committee misses any of the good faith due process steps in the first 3 tweets, the DoJ may not be able to indict under the requirements set forth in the rules of federal criminal procedure. 5/

Further, if DoJ indicts without preparing for all possible defenses, no matter how stupid and wrong those defenses may be (speech and debate clause, 1A, privilege), they run the risk of losing at trial. That would send a message that it's easy to skirt a subpoena. No bueno. 6/

Some may want congress to use inherent contempt and arrest him. I agree, however, congress does not have a resolution in place outlining constitutional due process like they do for criminal contempt. If they arrested Perry without having that in place, he could win on appeal 7/

That's IF it even makes it past pre-trial motions for dismissal. Ted Lieu HAS written a resolution establishing constitutional due process for inherent contempt, but it hasn't been brought up for a vote. I do not know why. 8/

And yes, the house could change the rules requiring a three-day notification to vote on criminal contempt referrals, but that would require a rule change, which would require a vote, which would require a three-day notification under current rules. 9/

This ENTIRE song and dance is in place to PROTECT your rights and the rights of all criminal defendants in the United States per the constitution. And I agree, not all Americans are granted such deference. That is a HUGE problem in our country. 10/

But rather than lower our standards and treat everyone like shit, we should be advocating to RAISE our standards to ensure ALL Americans are granted the same due process - lest we slide further into autocracy. 11/

We should be fighting for all Americans to receive equal justice under law. Democracy is at stake, but circumventing constitutional rights is not the answer. You can't save democracy by fucking it. END/

PS: I’m not a lawyer. Please, lawyers, correct me if I’ve gotten any of this wrong. That happens sometimes :)

* federal principles of prosecution