Democrats Approve Contempt for Barr After Trump Claims Privilege Over Full Mueller Report

[BumRushDaShow]

Source: New York Times



WASHINGTON -- The House Judiciary Committee voted Wednesday to recommend the House hold Attorney General William P. Barr in contempt of Congress for failing to turn over Robert S. Mueller III's unredacted report, hours after President Trump asserted executive privilege to shield the full report and underlying evidence from public view.

The committee's 24-16 contempt vote, taken after hours of debate that featured apocalyptic language about the future of American democracy, marked the first time that the House has taken official action to punish a government official or witness amid a standoff between the legislative and executive branch. The Justice Department decried it as an unnecessary and overwrought reaction designed to stoke a fight.

The drama raised the stakes yet again in an increasingly tense battle over evidence and witnesses as Democrats investigate Mr. Trump and his administration. By the day's end, it seemed all but inevitable that the competing claims would have to be settled in the nation's courts rather than on Capitol Hill, as Democrats had initially hoped after the initial delivery of Mr. Mueller's report.

"Our fight is not just about the Mueller Report -- although we must have access to the Mueller report. Our fight is about defending the rights of Congress, as an independent branch, to hold the president, any president, accountable," said Representative Jerrold Nadler of New York, the Judiciary Committee chairman, during a grueling debate that ended with a vote along party lines.

Read more: https://www.nytimes.com/2019/05/08/us/politics/trump-executive-privilege-mueller-report.html

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Full headline - Democrats Approve Contempt for Barr After Trump Claims Privilege Over Full Mueller Report

[Roy Rolling]

1. Perfect!

He's painted himself into a corner. By declaring everything privileged, one single court decision can mean everything must be released in its entirety. He can't pick and choose battles, he's lumped them all into a defense of "I don't wanna, I have no good reason".

Good luck with that.

[BumRushDaShow]

4. The irony here

is that the material in the Mueller report was focused on stuff that happened BEFORE the inauguration so if anything, NONE of that stuff would be subject to any "Executive Privilege" because Obama was still President at that time and right up until 11:59 ET January 20th, 2017!

[demmiblue]

2. K&R

[Bayard]

3. So what happens next?

After the full house vote?

[BumRushDaShow]

5. Here's a good summary

The House Judiciary vote on contempt of Congress and what it means for William Barr, explained
Democrats voted to hold the attorney general in contempt of Congress. Here’s how that would work.

By Ella [e-mail] Updated May 8, 2019, 4:35pm EDT

<...>

Here’s how this will work on a practical level: If the full House passes the contempt resolution, Pelosi will issue the citation for Barr to be held in contempt. She’ll pass that citation along to the US Attorney’s Office for the District of Columbia or the DOJ. Either the US attorney or the Department of Justice will likely say they don’t plan to move forward with prosecuting Barr.

That would be the end of the matter, unless Democrats pass a separate resolution to authorize going to court with Barr and the Trump administration over the Mueller report, and getting the courts to decide their subpoena request and contempt citation. Democrats are already talking about this as their next step, one they would likely take before using their own power of inherent contempt to fine or jail the attorney general. “We need to do the contempt parts before House counsel goes to litigate in court,” Rep. Ted Lieu (D-CA) told reporters. “The first option would be to win in court; we have a very strong case.”

Democrats are feeling confident because the Trump administration has moved to block or deny every single subpoena request of theirs, not just the one for the Mueller report. At least one former Justice Department official in the George W. Bush administration thinks Trump’s broad refusal could potentially hurt his legal argument.

“The thing that’s unusual is the blanket refusal,” John Yoo, the former deputy assistant US attorney general in the Bush DOJ’s Office of Legal Counsel, told the New York Times. “It would be extraordinary if the president actually were to try to stop all congressional testimony on subpoenaed issues. That would actually be unprecedented if it were a complete ban.”

https://www.vox.com/2019/5/8/18536874/contempt-of-congress-ag-william-barr

And oddly enough, with Vox quoting (of all people) Yoo - a "complete ban" WAS just issued by the WH early this morning.

(edit to add the article title/author)

[NurseJackie]

6. Any specifics on the votes... who voted... and how?

[BumRushDaShow]

7. I haven't seen the official roll call vote published yet

but there are 24 Democrats and 17 Republicans on the Committee so I am going to assume all 24 Democrats voted for it (based on the yay tally of 24) and am not sure who didn't on the GOP side.

[NurseJackie]

8. That's what I'm curious about.

and am not sure who didn't on the GOP side.

That's what I'm curious about.

[BumRushDaShow]

9. I know when the Senate does votes like this

often the chamber "leader" will withhold a vote in order to bring up the matter later but am not sure if that applies to the House but it could... I.e., Collins is the Ranking Member of that committee (GOP) and might have been a "not voting" or maybe there was a member just not there today. Am hunting around for more info.

[FrankBooth]

10. Gaetz

Apparently Gaetz whined for his allotted 5 minutes and then left without bothering to vote.

[NurseJackie]

11. That's funny! He's so juvenile.

[BigmanPigman]

12. His temperament resembles that of his dear leader.

[BumRushDaShow]

15. I saw his name mentioned in a GD thread as being the missing one

I would not be surprised.

[aggiesal]

14. Vote 24-16 ...

... said Representative Jerrold Nadler of New York, the Judiciary Committee chairman, during a grueling debate that ended with a vote along party lines.

[BumRushDaShow]

16. There are 17 GOP members on the committee but only 16 voted.

[Gothmog]

13. If John Yoo thinks that these claims are garbage, then trump is in trouble

Link to tweet

[BumRushDaShow]

17. Yup.

A Vox article I linked to had picked up on the Yoo weigh-in.

https://www.democraticunderground.com/10142313849#post5

[pat_k]

21. Yup. When Mr. "executive ordering torture is AOK" says this is too far...

... you've truly gone too far.

I hope this wakes the "impeachment is the third rail" Dems up to the reality: Impeachment inquiry would put them in the strongest position to stand up against this despot.

[Yo_Mama_Been_Loggin]

18. Lock him up!!!!

[keithbvadu2]

19. The Trumps and Trumpeteers claim the report vindicates/exonerates them. Yet he does not want to rel

The Trumps and Trumpeteers claim the report vindicates/exonerates them.

Yet he does not want to release or discuss it.

[tclambert]

20. Mr. Toad is trying to protect Mr. Walrus.