'Toontime: This Week in Trump

credit: S. Sack, Minneapolis Star-Tribune; Wackydoodle sez: Mo' kick than 'shine!

House Select Committee investigating the J6 Insurrection subpoenaed Jeffery Clark, a former DOj assistant attorney general who plotted with Herr Trumpillini to overthrow the US governmet by pressuring the Department of Justice to deceitfully declare the election results fraudulent. By doing so they hoped to convince Repugnant dominated swing state legislatures to NOT certify their election returns in favor of Joe Biden. They intended to disrupt the certification process long enough to invoke the Twelve Amendment, in which case the House of Representatives would vote to decide who won the election. Repugnants hold a one state edge in congressional delegations. Such a scheme, outlined in the Eastman memo, seems preposterous, but it appealed to the desperate, malignant narcissist occupying the White House, and he acted to implement it.  This set of facts constitutes a conspiracy to overthrow the lawfully elected government of the United States.

The Committee also plans to refer Steve Bannon, the former guy's chief political advisor, to the Justice Department for criminal prosecution for contempt of Congress. He has overtly refused to respond to his subpoena to testify before the Committee. Three other subpoena recipients have so far refused to appear, but are allegedly "engaging" with the Committee. What the parameters of that engagement are is not clear. But what is clear is that the Committee will not allow a game of 'rope a dope' that occurred during the Mueller investigation and subsequent impeachments. Whether the current DOJ headed by a cautious Attorney General will prosecute referrals from Congress is also unclear since the context of the subpoenas is fraught with political considerations. The pretext for non cooperation--executive privilege--is legally extremely unlikely given that the current president has stated he will not invoke the doctrine, except on a case by case basis. A tranche of White House documents from the National Archives has already been formally passed by the administration. Executive privilege with regard to Bannon is particularly tenuous since he has not been a member of the executive staff since 2017.

Nevertheless, Der Leader can litigate the issue in order to delay the Committee's progress.  If Garland proves to be intimidated or uncooperative, civil enforcement of Committee subpoenas in federal court is an available option, but also a potentially lengthy process. Recipients could be incarcerated until they comply with enforcement orders to testify and produce; but they could hold out until the current Congress ends. The Committee only has until then to to complete its report on the origins of the Insurrection. Senator Dick Durbin, chairman of the Senate Judiciary Commitee, told reporters upon release of its report Trump would have, “shredded the Constitution to stay in power”. An important point to remember is that coups do not have to be successful to be illegal--just ask Adolf.