Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LTG

(216 posts)
19. The best route for the House Democrats is to continue investigations.
Sat Feb 8, 2020, 04:44 PM
Feb 2020

Not sure a mandamus action would work for Congress. The specifies a party to whom the duty is owed. Congress is generally not a part of that group. It would be. A duty owed the “people”, not another branch of government.

Much like how other suits have been dismissed for lack of an injured party. Haven’t read the opinion but am assuming lack of standing was at least part of the appellate court’s rationale dismissing the Congreesional suit for violations of the emoluments clause.

For emoluments it would probably be best brought by businesses impacted by loss of business income due to the President’s ownership of a competitor.

Not sure who would have standing in the case of Barr. It does, however fall directly within the powers of congressional oversight.

Recommendations

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

Impeachment actually... Wounded Bear Feb 2020 #1
After he's out of office, the next AG could investigate him. Zolorp Feb 2020 #2
Protest in front of the DOJ buildings... ProudMNDemocrat Feb 2020 #3
Mandamus elleng Feb 2020 #4
here we go!!!!!!!!! Takket Feb 2020 #5
Not an easy remedy at all, but it does exist. elleng Feb 2020 #6
why would they stop their investigations? stillcool Feb 2020 #11
The FBI is part of and under the jurisdiction of the DOJ (barr) PSPS Feb 2020 #20
Yes...but that has nothing to do.. stillcool Feb 2020 #23
The best route for the House Democrats is to continue investigations. LTG Feb 2020 #19
Since Barr already heads the DOJ, who could/would issue a mandamus? crickets Feb 2020 #8
The district courts shall have original jurisdiction. elleng Feb 2020 #12
Hmmm crickets Feb 2020 #13
Its very confusing, and difficult. elleng Feb 2020 #14
Ah. Well it's likely a doomed effort, but honestly SOMEONE should be able crickets Feb 2020 #16
I believe it is correct that Mandamus can only be used to compel the performance of a Atticus Feb 2020 #18
Yes, but like Trump's "perfect phone call," pattern and context Hortensis Feb 2020 #22
I agree. I think they are all beyond worrying about statutes. They're above those. nt Atticus Feb 2020 #24
going nowhere stopdiggin Feb 2020 #7
That's the unfortunate truth. OnDoutside Feb 2020 #9
The House should seriously consider impeachment of Mr Barr. kentuck Feb 2020 #10
+1000000 crickets Feb 2020 #17
No effect because: ignore subpoenas, refuse to provide documents, moscow mitch PSPS Feb 2020 #21
seek to have him disbarred RT Atlanta Feb 2020 #15
Latest Discussions»General Discussion»What is the legal recours...»Reply #19