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The Velveteen Ocelot

(128,785 posts)
8. What powers are those? They already have subpoena power.
Mon May 27, 2019, 11:23 AM
May 2019

The rules under which congressional committees operate have changed quite a bit since the Watergate hearings and subsequent impeachment hearings; the committees now have broader subpoena power than they did then. At that time they had to vote to authorize subpoenas; subsequent rule changes give them the authority to issue subpoenas without a formal resolution. It's not likely that a formal impeachment process would alter consideration of the most difficult issue, that of executive privilege. Here's a good article explaining how and to what extent (if any) the investigation process would be different if a formal impeachment proceeding were to be initiated: https://www.lawfareblog.com/what-powers-does-formal-impeachment-inquiry-give-house

One possible difference - at least in theory - is the power to obtain grand jury information:

...there is some historical precedent for the House judiciary committee to obtain such information from the court—most notably in the context of the Watergate impeachment proceedings. The relevant court opinion relied largely on a theory of inherent judicial authority, rather than an exception in statute, to turn the Watergate “road map” over to the House judiciary committee.

But on April 5, the U.S. Court of Appeals for the D.C. Circuit ruled that judges don’t have inherent authority to release grand jury materials and must instead rely solely on exceptions outlined in Rule 6(e). So if the committee wishes to access that information, Nadler will likely need to convince the judge overseeing the Mueller grand jury that release of materials to the committee is “preliminarily to or in connection with a judicial proceeding.” Bottom line: It is easier to argue that an open impeachment proceeding is akin to a “judicial proceeding” than it is to argue that any run-of-the-mill oversight activities are preliminary to a judicial proceeding.


It is also possible that courts would expedite their proceedings if a formal impeachment was in progress:

We think it is entirely possible—probable even—that judges would recognize the primacy of impeachment proceedings against the president of the United States and expedite consideration of such cases. The case of U.S. v. Nixon—in which the Supreme Court ruled that the president had to turn over the infamous Oval Office recordings to the special prosecutor—was decided just over three months after the relevant grand jury subpoena had been issued. That was a criminal investigation, so the analogy is not entirely apt, but we think it reasonable to assume courts would take a similarly expeditious view in the context of a subpoena issued pursuant to impeachment proceedings. Of course, it is worth remembering that the Supreme Court has never decided a case concerning a congressional subpoena for information issued to an executive branch official where the president has asserted executive privilege. In theory, the Supreme Court could decide the issue is a political question and leave it to the other two branches to sort out in some other way.


But the gist of this article is that the House wouldn't have significantly more power under a formal impeachment resolution than it does now.

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The stonewalling would continue redstateblues May 2019 #1
Information gathering through hearings, investigations, etc. greatauntoftriplets May 2019 #2
That's all happening now. StarfishSaver May 2019 #4
Isn't that really what's going on now? greatauntoftriplets May 2019 #6
It is more serious than just an investigation scarytomcat May 2019 #3
What powers does the House get in an impeachment inquiry that it doesn't otherwise have? StarfishSaver May 2019 #5
Haven't you heard? The House would get the Magic Wand. CaptainTruth May 2019 #11
What powers are those? They already have subpoena power. The Velveteen Ocelot May 2019 #8
good explanation stopdiggin May 2019 #10
Thanks for providing this research and excellent explanation StarfishSaver May 2019 #12
Arguably a judge might be more inclined to release grand jury information The Velveteen Ocelot May 2019 #14
Exactly StarfishSaver May 2019 #17
Message auto-removed Name removed May 2019 #21
Last week's rulings are completely relevant StarfishSaver May 2019 #24
Executive privilege and attorney-client privilege are privileges that aren't based on The Velveteen Ocelot May 2019 #31
What powers? N/T lapucelle May 2019 #28
I think it would give the Congress more leverage.. kentuck May 2019 #7
How would it give them more leverage? StarfishSaver May 2019 #15
You could always write the multiple Democrats of House Judiciary BeyondGeography May 2019 #30
A few things StarfishSaver May 2019 #35
You see THIS is what most of us here do NOT undertstand. bluestarone May 2019 #9
It would focus the citizenry davekriss May 2019 #13
No. It's a big assumption to draw that callingit impeachment will suddenly rivet the public StarfishSaver May 2019 #16
I disagree, I believe it is a safe assumption davekriss May 2019 #18
I keep relating it back to Watergate. The Velveteen Ocelot May 2019 #19
"Has more to do with what they are uncovering than whether they're called impeachment" StarfishSaver May 2019 #20
I always thought they were impeachment hearings davekriss May 2019 #33
The 1973 hearings were held by a Senate select committee The Velveteen Ocelot May 2019 #34
A lot of people would feel better, but that's about it. n/t Captain Stern May 2019 #22
Question here. bluestarone May 2019 #23
The only constitutional requirement is that the Chief Justice preside StarfishSaver May 2019 #25
Here are the Senate's rules for impeachment trials: The Velveteen Ocelot May 2019 #26
The Senate doesn't indict because an impeachment trial isn't a criminal proceeding. The Velveteen Ocelot May 2019 #27
TY i get confused a lot on this bluestarone May 2019 #29
The House makes the accusations; the Senate decides whether The Velveteen Ocelot May 2019 #32
The question is whether we'd get a faster, stronger, response from the courts if Trump pnwmom May 2019 #36
It would be hard to beat the speed and strength we got from the courts last week StarfishSaver May 2019 #37
That's true. We'll need to see how the Supreme Court handles this now, before we know. nt pnwmom May 2019 #38
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