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StarfishSaver

(18,486 posts)
6. A court won't enforce a subpoena if Congress can't show that it made other, less draconian attempts
Sun Apr 28, 2019, 01:19 PM
Apr 2019

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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

LOL. Sure. Fire up that "strongly-worded letter" machine! PSPS Apr 2019 #1
A court won't enforce a subpoena if Congress can't show that it made other, less draconian attempts StarfishSaver Apr 2019 #6
"People need to calm down, stop second-guessing the Democrats at every turn barbtries Apr 2019 #9
amen. dixiegrrrrl Apr 2019 #14
Exactly! EffieBlack Apr 2019 #18
Pence hasn't got the ability to kacekwl Apr 2019 #50
He doesn't need them EffieBlack Apr 2019 #52
Ditto, and we all know how the corporate media, owned Iliyah Apr 2019 #34
Fantastic post. OnDoutside Apr 2019 #31
Ditto here too! Iliyah Apr 2019 #37
Thank you for this, Starfish Hekate Apr 2019 #53
What do you expect Nadler to do? mcar Apr 2019 #51
More talk. shockey80 Apr 2019 #2
Let's start tightening up these deadlines? Chin music Apr 2019 #3
that was partly affected by the Congressional Recess. Grasswire2 Apr 2019 #8
Yes. But, is a vacation mandated when our country is under attack? Chin music Apr 2019 #10
What you don't get about this... 2naSalit Apr 2019 #13
Thats true. I overlooked the last two years of a complicit congress. Chin music Apr 2019 #15
Well... 2naSalit Apr 2019 #17
Good point. Yes I remember both of them too. Chin music Apr 2019 #19
If you were called to 2naSalit Apr 2019 #26
The Committee members and staff also need time to prepare EffieBlack Apr 2019 #39
Yes, that is true as well...nt 2naSalit Apr 2019 #41
True - AND StarfishSaver Apr 2019 #49
Thanks for this effort to educate! lunatica Apr 2019 #22
Yes it can. 2naSalit Apr 2019 #28
I'm beginning to suspect and perceive it as either demanding lunatica Apr 2019 #32
That is the their intent, wear us down. 2naSalit Apr 2019 #36
All I can say is Im sorry. Chin music Apr 2019 #43
Exactly this EffieBlack Apr 2019 #21
I never said congress was lazy corrupt or stupid. Chin music Apr 2019 #23
Recess isn't "vacation" EffieBlack Apr 2019 #20
Pretty aware of what a recess is, and what goes on. Chin music Apr 2019 #24
Here's what Pelosi and others did on this "vacation" -- your term. Grasswire2 Apr 2019 #27
Awesome. Just as I expected...nt 2naSalit Apr 2019 #29
Thanks. I didnt criticize Pelosi. My beef is with these Subpoenas to show that give them too much Chin music Apr 2019 #30
That sure reads like you're dissing the Democratic leadership lunatica Apr 2019 #35
I appreciate that. For the record. Im dissing the process. Chin music Apr 2019 #38
It's always a good thing to KNOW what impact your words have. lunatica Apr 2019 #40
Thanks. Chin music Apr 2019 #42
Actually the one thing that might actually help lunatica Apr 2019 #44
I appreciate your input. Chin music Apr 2019 #45
And I appreciate yours lunatica Apr 2019 #46
And she had spoken in the Irish parliament before going to Belfast OnDoutside Apr 2019 #33
Get thee to the greatest page malaise Apr 2019 #4
Please don't wait bluestarone Apr 2019 #5
He's doing exactly what he's supposed to be doing StarfishSaver Apr 2019 #7
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
That's why I qualified it w Chin music Apr 2019 #48
Be as relentless as Barr is corrupt, yes. Use the process and take it... Guilded Lilly Apr 2019 #11
He's going before the Senate on Wednesday. Calista241 Apr 2019 #12
Yes. Chin music Apr 2019 #25
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