Trump filed a supplemental brief with the Supreme Court (in his executive privilege case) arguing that the committee is considering criminal referrals, therefore, the request for documents exceeds Congress's legislative powers.
Given the fact that the committee is studying a crime to find out what legislation can prevent future crimes, it's hard to say that they shouldn't make criminal referrals where appropriate.
Trump's argument comes down to "they're picking on me!"
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Here is the basic problem with Trump's argument.
He says that in performing a criminal inquiry, the committee is violating the separation of powers.
So he wants the Court to determine the committee's "true goals"--which is itself a violation of the separation of powers. . .
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He wants the Court to conclude that TRUE goal of a Congressional committee is NOT its stated goal, which is to conduct a thorough inquiry into the attack on the capitol to find ways to make sure such an attack doesn't happen again.
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So he is asking the court to second-guess Congress's motives, which itself violates the separation of powers.
Besides, conducting an inquiry into the January 6 attack to determine how it happened to make sure it doesn't happen again, requires INVESTIGATING A CRIME.
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No -- and we probably won't know until mid-January.
I'd be surprised if the Court takes this. This was an appeal from denial preliminary injunction.
If they're interested, I assume they'll wait for a deision on the merits.
I objected to the idea that the delay is "successful" and that running out the clock to November does any good.
What are his goals? Maybe:
Fundraising.
He thinks he'll win.
Seeding right-wing talking points as with the election fraud suits.
Who knows?
Also it's likely the committee already has everything it needs. Records are duplicative. Emails are copied lots of places. All you need is a few insiders turning over everything, and 300 witnsses are cooperating
More reasons this baseless doomsaying annoys me ⤵️
I also think there is a Fight, Fight, Fight mentality.
After Nixon resigned, people like Manafort and Stone were frustrated. They wanted Nixon to keep fighting.
So that's what Trump does. It keeps his supporters pumped up.
The other thing this does ⤵️is credit Trump with winning.
"Strongman Trump is beating everyone (again!)"
He probably loves when people say this kind of thing.
Really, he's a loser.
(People kept saying the election fraud lawsuits would succeed in delaying . . . They didn't.)
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(No surprise: The committee's brief is written and argued well.)
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Here is how Trump's brief presented the issue ⤵️
His argument is that the select committee's request was unconstitutional, therefore, he should have gotten a preliminary injunction. He wants the Court to decide whether the request was constitutional.
Here's the problem . . . 2/
To get a preliminary injunction, Trump had to show with clear evidence each of these four criteria⤵️
The likelihood of succeeding on the merits is only one element.
So far, there has not actually been a trial on the merits of whether the request was Constitutional.
Not long ago, Steve Bannon horrified (and terrified) people when we learned he was trying to move Trump-Coup supporters into positions administering elections.
#2 on my list is "get involved with local elections."
Notice specifically what Thompson says. First, he says if a criminal referral would be warranted, there would be no reluctance on the part of the committee to do that.
Earlier, @emptywheel quoted from the letter the committee sent to Jim Jordan (Screenshot #1)
See how the language echoes the language of 18. U.S. 1505? (Screenshot #2)
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One of the things that goes wrong on social media is confusing speculation (this must be happening because) or (we know it isn't happening because) versus following what is reported as facts.
Yes, we all know that Trump delayed and tried to obstruct the proceedings. . .
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