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Silent3

(15,178 posts)
Tue Oct 19, 2021, 01:34 PM Oct 2021

Some questions about the painfully slow Congressional subpoena process

1) Shouldn't the US Attorney General's office already be working on whatever ridiculously protracted process they go through before deciding to file criminal charges against Bannon et al right now, and have been doing so for weeks, rather than wait for a vote in the House to request that the charges be filed? They should know such a request is likely. Why wait?

2) Some of the subpoenas are for documents held in the national archives, correct? Unless a court has specifically enjoined the release of those documents, why wait simply because a law suite has been filed, if the lawsuit itself has no court backing it up yet with an injunction? Why not turn over the documents faster than someone tells you not to turn them over?

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Some questions about the painfully slow Congressional subpoena process (Original Post) Silent3 Oct 2021 OP
how do you know this is not happening? Hamlette Oct 2021 #1
I don't know that it's not happening... Silent3 Oct 2021 #2
as a lawyer for 45 years who worked in the government for nearly 30 years Hamlette Oct 2021 #3

Hamlette

(15,411 posts)
1. how do you know this is not happening?
Tue Oct 19, 2021, 01:41 PM
Oct 2021

I suspect the AG's office is ready.

Is the archives itself refusing to turn over documents? As I understand it, Congress can request documents directly from the archives and probably has. I think the issue is with many things that are not in the archives. Like emails.

Silent3

(15,178 posts)
2. I don't know that it's not happening...
Tue Oct 19, 2021, 02:29 PM
Oct 2021

...only reflexive cynicism (which has a good track record here) tells me it isn't. I'd love to hear otherwise.

As for the documents, I'm pretty sure that I've heard that at least some are in the archives, and yet I haven't heard any reports that the 1/6 committee has those documents yet.

Hamlette

(15,411 posts)
3. as a lawyer for 45 years who worked in the government for nearly 30 years
Tue Oct 19, 2021, 02:42 PM
Oct 2021

I don't think they are sitting on their hands. I would be shocked if I learned the DOJ was not prepared. Sometimes the courts slow things down. Part of that is intentional. But trust me, several people at DOJ have researched how to enforce the subpoenas.

Also, I don't know what you think is in the archives but my understanding is there is stuff at archives that cannot be released. For instance some presidential papers have a time limit on them and top secret stuff requires a court order. Biden has said he will not protect Trump's presidential stuff about Jan 6 but someone has to go through all of Trump's stuff to see what can be released.

I don't think the Jan 6 commission is dragging its feet. I don't think Liz would let them

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