This is grim, particularly now, when it looks like the House is going to have to subpoena Louis DeJoy because he missed the prescribed deadline to produce documents. The District of Columbia Circuit Court ruled 2-1 that the House cannot enforce a subpoena against Don McGahn. The court states that there is no law allowing for enforcement, but the dissenting opinion says that enforcement power is implied in the constitution — and frankly, that seems to be common sense. Plus, don’t forget the House’s contempt powers. That may be the way the House has to go, in light of this new ruling, is to throw people in jail.
This is an earth-shattering ruling that says the House essentially has no subpoena power.
It's a 2-1 decision, with the dissent saying that the House's ability to enforce subpoenas is implied in the constitution. pic.twitter.com/GrlmEHFhiC
— Kyle Cheney (@kyledcheney) August 31, 2020
A divided federal appeals court panel dealt a severe blow to the U.S. House of Representatives’ investigative power Monday, ruling that the House can’t go to court to enforce subpoenas because there is no statute giving that chamber the authority to do so.
The 2-1 ruling marked the second time a D.C. Circuit Court of Appeals panel voided a subpoena the House issued last year to Donald McGahn demanding the former White House counsel testify about his dealings with President Donald Trump related to the investigation into alleged ties between the Trump campaign and Russia.
Arrest first, and let the arrested contest. SCOTUS made it clear that the House had the ability to enforce subpoenas though it's inherent contempt powers, use em or lose em. McGhan can contests the arrest, after he's arrested. Otherwise this will just go in circles.
— Trump Would Kill Us All To Win! (@IVoteDoU) August 31, 2020
The house needs to use their inherent powers and lock up anyone who refused to comply. It’s time to start coloring outside the lines and fight fire with fire
— Stop the Insanity (@shellaceous) August 31, 2020
So why not exercise the House’s only recourse as we wait for en banc review? Put McGahn in a water closet with 3 squares a day on tin plates. This opinion ostensibly states that is the recourse.
— Keyser Soze (@KeyserSozeBro1) August 31, 2020
This is where we are. The House has to use its contempt powers. The only other option is to back down and let Trump and his thugs take over the government.
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