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PegnVA

10/15/21 6:59 PM

#388230 RE: BOREALIS #388229

And still circling Trump is Rep. Adam Schiff...Congressman Schiff is that perpetual thorn in Trump's side.
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fuagf

10/15/21 7:48 PM

#388234 RE: BOREALIS #388229

It's understandable how Schiff could arrive at seeing Republican lawmakers as dangerous as destructive thugs to democracy.

"Republican colleagues warned him he needed to stay out of sight because of his recognizable role as a Trump critic. But during the hours that followed, as the House returned to tally Electoral College votes for Biden, Schiff came to see Republican lawmakers, in “suits and ties,” as an institutional threat as serious as the rioters who bludgeoned their way into the building in an effort to overturn the election."

And what chance of reigning in a lawless administration as long as House subpoenas have relatively little teeth.

The D.C. Circuit Got History Wrong in its McGahn Decision
[...]
Griffith’s opinion, however, has a fundamental flaw that any astute observer can recognize. In claiming the mantle of history and tradition, he fails to consider the relevant history of congressional oversight of the executive branch. He finds support in the absence of any past examples of a court issuing an injunction to a former executive branch official to provide information. But he never addresses the fact that an executive branch official could not have claimed absolute immunity and refused to comply with a congressional subpoena until the executive branch created that doctrine in the 1970s .. https://www.justice.gov/olc/page/file/1225961/download . A former official could not have relied on that doctrine until more recently, in 2007
[...]
The Trump administration has claimed that numerous .. https://www.cnn.com/2019/06/18/politics/hope-hicks-testimony-trump-hush-money-affairs/index.html .. officials .. https://www.justice.gov/olc/file/1183271/download .. and former .. https://www.npr.org/2019/11/04/775861308/trump-impeachment-inquiry-turns-focus-on-national-security-councils-eisenberg .. officials .. https://thehill.com/homenews/administration/469595-mulvaney-defies-house-subpoena-cites-absolute-immunity-one-minute .. such as McGahn are absolutely immune from congressional subpoenas seeking their testimony, expanding the concept of testimonial immunity that has been claimed, at least in some form, for at least 30 years. Almost certainly, the question of whether any such immunity exists under the Constitution will be resolved only if the federal courts address it.
[...]
The full D.C. Circuit concluded that the House does, in fact, have a constitutional injury. Judge Griffith’s new opinion holds that the courts cannot remedy that constitutional injury unless Congress specifically tells them they have the authority to do so—something that would likely require supermajority votes in both chambers. But the courts have never applied that strict of a rule in past cases seeking nonmonetary remedies for constitutional wrongs. They should not apply that rule in this case.

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fuagf

10/26/21 3:57 AM

#389104 RE: BOREALIS #388229

WATCH: Biden delivers remarks on bipartisan infrastructure deal

"Trump’s not going away — AND neither is investigator Schiff"


14,758 views Streamed live 11 hours ago

Washington Post

President Biden speaks on his administration's Build Back Better agenda and the bipartisan infrastructure deal in New Jersey.

https://www.youtube.com/watch?v=PFEBS8k3ATY

First time i've seen Biden speak since the election. All positive, no bullshit. Wonderful to see from a president. A genuine American.

Speeches start at 8:53. First the governor, then a senator, and a union guy. All short speeches. Then a guy every good American should be proud of.

See also:

Article is 10 day old now. This is up to date and reads to me as though
Sinema is being treated like the freshman Senator she is. No dinner for her.
Let her colleagues work on her. Does she want to be the ONLY Dem Senator holding out?
Biden 'positive' on budget deal; Manchin OK with wealth tax
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