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In reply to the discussion: Nadler hits back at Barr: 'The witness is not going to tell the committee' how to run its hearing [View all]StarfishSaver
(18,486 posts)6. A court won't enforce a subpoena if Congress can't show that it made other, less draconian attempts
to secure cooperation.
If the committee tried to subpoena Barr without a showing that it tried to obtain his testimony through its standard invitations and asked a court to enforce it, the short-and-sweet hearing would go something like this:
"Your Honor. We are here to request a declaratory judgment that the Attorney General is legally obligated to comply with the Congressional subpoena issued April 29, 2019 and appear before the Committee on the Judiciary on the appointed date."
"What steps did you take to secure Mr. Barr's appearance prior to issuing the subpoena?"
"Your Honor, the Committee invited the Attorney General to testify, pursuant to its rules. He accepted. However, when he learned that a Committee Counsel would ask the questions, he withdrew his acceptance. We thereupon approved the issuance of a subpoena by a majority vote of the Committee."
"Did you make any other attempt to compel his appearance prior to issuing the subpoena?"
"No."
"You didn't try to work it out with the Justice Department?"
"No."
"Did you respond to him after he said he wouldn't appear under those terms?"
"No."
"Not even a letter?"
"No. We didn't see the point. We know they're not going to cooperate."
"You know that's not how it works, Counsel. You have to try to find a solution before you come to me to enforce a subpoena. If, after good faith effort, the Attorney General still refuses, we will revisit it. But I'm not going to issue a declaratory judgment until you exhaust all of your remedies. We're adjourned." Bang Bang (that's the gavel)
What you sarcastically refer to as "strongly-worded letters" is a legal necessity.
People need to calm down, stop second-guessing the Democrats at every turn and let them do their jobs.
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Nadler hits back at Barr: 'The witness is not going to tell the committee' how to run its hearing [View all]
babylonsister
Apr 2019
OP
A court won't enforce a subpoena if Congress can't show that it made other, less draconian attempts
StarfishSaver
Apr 2019
#6
Thanks. I didnt criticize Pelosi. My beef is with these Subpoenas to show that give them too much
Chin music
Apr 2019
#30
Sure seems those gop congressmen and senators just DO then worry about the WHY later.
Chin music
Apr 2019
#16
But the fact that we don't just "DO then worry about the WHY later" is one of the things
StarfishSaver
Apr 2019
#47