Thread by @AmoneyResists

1. You are a total disgrace running a coverup in real-time & plain sight

2. This might have worked to prevent the release of files in Florida, Pam. But Federal law is different. The “active investigation” excuse is a FOIA exemption and FOIA applies to the public, not to Congress

https://twitter.com/agpambondi/status/1989411168067440722

3. Congress can demand documents whether or not DOJ claims there is an investigation.

4. The DOJ cannot use an investigation to refuse a valid congressional subpoena.

5. If you try to claim “ongoing investigation” as a reason the files cannot be released despite a legislative mandate, Congress can still:

—Issue subpoenas
—Hold officials in contempt
—Litigate in federal court
—Pass laws compelling production

6. Federal courts almost never allow the executive to use a fake or pretextual investigation to obstruct constitutionally mandated oversight powers.

What if Trump orders Pam to classify the documents?

Um…he could try that, sure, but:

a. Congress can declassify information by law.

This is not theoretical — Congress has done this *many* times, including on:

•The JFK files
•Russia intelligence
•The 9/11 report
•The CIA torture program docs

b. If Congress passes a law ordering the release, the president cannot veto the release itself.

He can only veto the law, and Congress can (and likely will) override him on this one.

How about if Trump simply tells the DOJ and/or FBI not to cooperate?

Again, he can and likely will try to stonewall in every way imaginable, but:

Congress has a multitude of tools/powers the public forgets about

These include:

—Inherent contempt (Sergeant-at-Arms can physically detain noncompliant officials)
—Civil enforcement (federal courts force DOJ to comply)
—Appropriations power (Congress can cut budgets until compliance)
—Impeachment and removal of any & all obstructing officials

When Congress wants something badly enough, they get it.

And here’s the key point:

The House is not voting to *obtain* the files from the DOJ. They are voting to release files Congress ALREADY HAS — files gathered during prior federal cases, grand jury materials, court filings, sealed exhibits, investigative records & communications, etc.

Bottom line:

No, Trump cannot retroactively lock down materials that are already in congressional custody (Sorry, Pam)

ALSO:

A fake “new investigation” has absolutely ZERO legal relationship to:

• Files already archived
• Files already transmitted to congressional committees
• Files already reviewed by House legal counsel
• Sealed exhibits Congress already voted to access

Here’s how Congress can still release the files even if Trump tries this stunt, which he certainly seems gearing up to:

Congress has three fully viable mechanisms to compel the release of the files

A. Pass a statute mandating the release of the files

Congress can pass a law that says:

“All files in possession of the U.S. gov relating to Jeffrey Epstein shall be released within 30 days, except for redactions required to protect minors.”

If he vetoes it, they can override.

B. Release files directly from committees

House and Senate committees have the authority to publish documents unilaterally.

Classified or unclassified.

They’ve done it before (e.g. The Pentagon Papers, The torture report, etc.)

DOJ has literally no say.

C. Release through the Speech or Debate Clause

Members of Congress can read documents into the Congressional Record on the floor of their respective chambers.

That makes them INSTANTLY PUBLIC.

And the best part of that method? The Constitution explicitly protects them from:

• Prosecution
• Civil liability
• Executive interference

DOJ cannot touch this.

This is how Senator Mike Gravel released the Pentagon Papers.

TL; DR

Trump is trying to create the illusion of an “active investigation” so his supporters can scream “You can’t release the files now!”

But legally?

It doesn’t block Congress.
It doesn’t bind House committees.
It doesn’t bind the Congressional Record.

It doesn’t prevent a statute releasing the files.
It doesn’t restrict documents Congress already possesses.

If Congress wants these files out, they will come out.

Trump’s stunt will not change that, no matter what his 1000%-destined-for-life-in-prison lapdog @AGPamBondi says.