Posted on 11/30/2018 3:17:39 PM PST by yesthatjallen
A district court judge on Friday postponed issuing a ruling on former FBI Director James Comey’s effort to quash a GOP-issued subpoena.
Judge Trevor McFadden gave the two sides the weekend to provide additional information about their arguments. The court will reconvene Monday at 10 a.m. for a ruling.
Comey on Thursday sought to quash the subpoena for closed-door testimony, arguing that House Republicans would seek to “peddle a distorted, partisan political narrative about the Clinton and Russia investigations through selective leaks” if he was not interviewed in public.
Comey’s attorneys Vincent Cohen and David Kelley argued in the motion that the subpoena “exceeds a proper legislative purpose, is issued in violation of House rules, and unduly prejudices and harasses the witness.”
“They just want to zero in and gang up,” Kelley told the judge on Friday.
Comey, who did not appear in court, says he welcomes the opportunity to testify publicly, which he says would remove the threat of selective leaking.
Comey's legal team separately filed a motion to stay his closed-door testimony until after the case could be argued and the judge could issue a ruling on it.
Thomas Hungar, the general counsel for the House of Representatives, challenged the legitimacy of Comey’s legal efforts, arguing that it would be unprecedented for the courts to interfere with their efforts to subpoena witnesses.
Hungar says the federal government has “absolute” sovereign immunity in a civil suit and that even a court-issued stay would be viewed as interfering in congressional proceedings.
In response, Kelley quipped to the judge: “Here’s your opportunity to make some law.”
Hungar also appeared to mock Comey’s argument about distorting the nature of his testimony. He said that the closed-door depositions are not classified so lawmakers can appropriately discuss his testimony afterward and that the First Amendment protects these GOP lawmakers who may mutter remarks that Comey doesn't like.
The subpoena initially requested for Comey to appear on Monday — but the House committees have since said they now want to have him interviewed on Tuesday. The change, Kelley argued, warrants a new subpoena.
Critics view the GOP-led probe as part of a broader push to discredit special counsel Robert Mueller’s investigation into potential collusion between President Trump’s campaign and Moscow.
Comey has become an outspoken critic of Trump since the president abruptly fired him in May 2017, an event that ultimately triggered the appointment of Mueller as special counsel. Mueller is said to be probing the circumstances surrounding Comey’s removal in an effort to determine whether Trump obstructed justice.
House Republicans have been jockeying for Comey’s testimony for months. In October, Comey declined a nonbinding request from Republicans on the House Judiciary Committee and the Oversight and Government Reform Committee for his testimony, which ultimately led Rep. Bob Goodlatte (R-Va.) to issue the subpoena last week.
Goodlatte has also subpoenaed former Attorney General Loretta Lynch to submit to a closed-door interview on Dec. 4.
Shock. Delay until the house flips, then decide “yeah, it’s fine”, which will be fine for everyone involved.
I am of the opinion that the House hold the superior ground legally. However, of late, several judges seem to be inventing precedent, contorting the English language, and ignoring the law and Constitution so ... I am not going to make a prediction as to how this turns out.
Comey’s arguments are offensive.
If a fear about "selective leaking" is sufficient to quash a subpoena from Congress, then the same argument can be used to avoid answering a grand jury subpoena.
Guess the Judge and Comey had an duck hunt scheduled.
It’s good that all the honorable men and women of the FBI never leaked anything.
The leaker is worried about leaks?
At least this one is a Trump appointee.
I’m beginning to think that the entire Justice Dept is the ‘Deep State’.
So that is not the case, delaying until the house flips, that is.
The court is aiding Comey to run out clock until Rats are in control of the House. The DOJ should proceed to charge Comey with perjury. It doesn’t need House approval.
My initial thought too but 10am Monday is OK as long as there's no further delay.
“In response, Kelley quipped to the judge: “Here’s your opportunity to make some law.”
The judge should slap this crap down Monday at 9 am.
L
Comey’s existence is more offensive...
Think about it. The majority of judges had to be corrupted before they could secure their hold on other things.
It's not the whole Justice Dept., it's probably just most of the judges in positions that normally rule on anything the Deep State wants to make sure goes their way in DC and their big democrat strongholds in major cities.
JMHo
The District of Corruption would naturally include the Dept.of Justus.
Dishonesty and corruption is what got them there and they intend to stay that way.
And looks like the judges ruling will be Monday.
2. To reject the power of this subpoena based on what comey thinks will happen, presumes something that hasn't happened.
3. Even if the house does ask comey the questions he thinks "will peddle and distort the clintoons and russia", he has the right to answer the questions as he sees fit.
Why is this even an issue in a court? (He asked with the images of kangaroos bouncing in the background).
House changes hands in January. We still have December.
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