How Trump's Defiance of Impeachment Probe Could Leave Federal Employees Criminally Liable

[James48]

Source: GovExec.com

Federal employees being asked to disobey congressional mandates related to an impeachment inquiry into President Trump will have difficult decisions to make as they chart a path forward, legal experts say, but will have certain protections available to them.

The State Department on Tuesday refused to make U.S. Ambassador to the European Union Gordon Sondland available for a scheduled deposition related to Trump’s interactions with Ukraine, and House Democrats now say they will issue a subpoena to demand his testimony. If the administration continues to block him and other employees from complying with Congress, it could put individuals in a precarious legal position. Pat Cipollone, counsel to the president, sent a letter to House leaders Tuesday afternoon informing Congress the administration will not comply with any element of the probe.

"President Trump and his administration reject your baseless, unconstitutional efforts to overturn the democratic process," Cipollone wrote. "Your unprecedented actions have left the president with no choice. In order to fulfill his duties to the American people, the Constitution, the executive branch and all future occupants of the Office of the Presidency, President Trump and his administration cannot participate in your partisan and unconstitutional inquiry under these circumstances."

As Congress continues to widen its net for documents and testimony, employees subject to conflicting demands have two options, legal experts told Government Executive. The first is to violate orders from management and give Congress what it wants, assuming protections under whistleblower law. A second possibility is to exercise federal employees’ statutory “right to disobey” orders that violate laws, rules or regulations.

Read more: https://www.govexec.com/workforce/2019/10/how-trumps-defiance-impeachment-probe-could-leave-federal-employees-criminally-liable/160461/

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As a federal employee, you have an obligation to comply with the subpenoa, and a legal obligation - and a legal right- to disobey an illegal order from the President.

It’s a Constitutional crisis. We are here.

[Deb]

1. Sounds like we need a Govt shutdown/deposition party.

[dchill]

2. Pat Cipollone - legal deconstructor.

[Mr.Bill]

3. Can't remember who said it first,

But people have to decide if they want to be a witness or a defendant.

[Zorro]

5. Well spoken

Your voice is very welcome here.

[Maraya1969]

10. Someone alerted on that post and it was removed. Yet three people applauded it. ?????

[Floyd R. Turbo]

11. I always miss everything! 😢

[Maraya1969]

12. Me too!

[MFGsunny]

7. Exceptionally well said.

And Welcome to DU!

[scarytomcat]

9. welcome

outstanding post

[calimary]

6. K&R

[pecosbob]

8. New statutes should be drafted when Dems regain the Senate

requiring immediated dismissal for any government employee that refused to appear for a lawful subpeona. In addition, those that interfere in our electoral process have no place in government or government service...if I were made King for a day everyone in the FBI above coffee boy would be fired.

[Nitram]

13. If it were me, I'd jump at the chance to disobey Trump and respond to a congressional subpoena to

testify against him.