COTW: "Everyone Was In the Loop"

Update: A federal judge rejected the regime's spuriousclaim that executive branch officials are completely immune to legal process and order former White House Counsel Don McGahn to testify before the House impeachment committees. McGahn defied a duly issued subpoena to testify before the House Judiciary Committee on the theory that executive branch officials cannot be required to talk about their official duties before Congress under the separation of powers doctrine. Judge Jackson rejected that argument in a 120 page opinion writing, the “claim to unreviewable absolute testimonial immunity on separation-of-powers grounds — essentially, that the Constitution’s scheme countenances unassailable executive branch authority — is baseless, and as such, cannot be sustained.” The Barr Department is certain to appeal the ruling and ask for a stay of subpoena enforcement following a pattern of legal delaying tactics intended to impede the impeachment process.

Even if McGahn is required to appear before Congress by the Supreme Court, he could then claim his personal interactions with Don Veto are protected by executive privilege, making it unlikely his testimony could be compelled in time to be included in the mass of evidence supporting a bill of particulars against the Orange King.  The legal question of absolute executive branch immunity is an open one, with no controlling precedent extant.  Eleven years ago another lower court federal judge ruled in agreement with Judge Jackson that an official had to respond to a subpoena and appear even if the official intends to claim executive privilege at the hearing.

credit: John Cole

{22.11.2019}Besides his unequivocal statement that there was an express condition on Ukraine receiving its previously approved military aid--an exchange for their public commitment to investigate the Bidens--Ambassador Sondland's testimony this week laid the basis for a conspiracy article of impeachment. There was an agreement to illegally extort a bribe in the form of political ammunition against a domestic political opponent among his top officials, among them:  Pense, Pompeo, Mulvaney, and his personal lawyer, Rudy 'Ghouly' Giuliani.  The conspiracy was furthered by overt acts such as meeting with Ukrainian officials to inform them of the hold on the aid, pressure to conduct an investigation of the gas holding company, Burisma where Hunter Biden sat on the board, and the directive to OMB to suspend the aid payment.  The Democrats investigating Don Veto's corruption of American foreign policy are probably correct to be limiting the focus of their investigation to just the boss, but that does not make these other bad actors any less culpable. Their accountability is best left to another time and forum. In doing so, US Person thinks that articles of impeachment could be drafted by the House Judiciary Committee by year's end.

The Judiciary Committee should not be in too much of a hurry, though.  It must weigh each potential article from the standpoint of both evidentiary sustainability and political gravity. The Mueller investigation, especially the evidence collected to support volume II, should not be ignored.  Special Counsel Robert Mueller apparently believed the evidence gathered by his office supported a legal conclusion that the Orange King obstructed investigation of Russian interference in the 2016 election.  Including Mueller's evidence in an obstruction of justice article would show that Trump's abuse of presidential power extends over his three years in public office. His corrupt activity threatens not only national security interests and foreign policy, but also the domestic administration of impartial justice. 

The advice to Chairman Nadler is especially cogent if his committee is successful in obtaining testimony from Don McGahn, former White House Counsel.  McGahn was often quoted as a source of evidence of King Orange's attempts to fire the Special Prosecutor.  Currently his refusal to obey a committee subpoena to testify is under review by a federal court. A decision on his case is expected on Monday. Also under court review is the Committee's request for grand jury testimony underlying the Mueller Report. Depending on whether there will be protracted appeals, it may then be appropriate for additional public hearings before the Judiciary Committee on obstruction before final articles are presented to the entire House for a vote.  In any event, the full scope and extent of Il Douche's corrupt abuse of power should be exposed to the public*. Making voting for Il Douche's presumed acquittal in the Senate as politically expensive as possible will only help the Democrats as the 2020 election looms closer.

credit:David Fitzsimmons
Wackydoodle sez:Hush that turkey up!

*To that end, a citizen advocacy group, American Oversight, successfully sued the State Department under the Freedom of Information Act for documents related to the suppressed Ukraine military aid. A federal judge ordered the department to turn over the documents late Friday. The first one hundred pages of released records of telecommunications between Secretary Mike Pompeo and King Orange's flying monkey, former New York mayor Giuliani, show he was pressuring the Ukraine government to investigate the Bidens at the direction of the 'king'.  More disclosures are expected.  The fact that a citizens' group was able to obtain the documentation when the Congress could not, demonstrates conclusively that there is no legitimate legal reason for the State Department to be withholding all documents requested of it by the congressional impeachment inquiry. To do so, constitutes a clear case of obstruction of Congress by the regime at the direction of Don Veto.