Posted on 11/05/2019 8:49:14 AM PST by jazusamo
The Justice Department opened a new front in the legal battle between congressional impeachment investigators and the White House on Tuesday by announcing that Congress must allow government attorneys to accompany executive branch witnesses who testify about President Donald Trump's relations with Ukraine.
In a newly-released memo, the Justice Department’s Office of Legal Counsel said “the assistance of agency counsel” is needed because testimony has the potential to disclose information “protected by executive privilege.”
The House Intelligence Committee, which has taken the lead on the impeachment inquiry, has heard from a number of witnesses whose personal lawyers have been allowed to attend depositions. But the Justice Department argued in its memo that the exclusion of government lawyers deprives Trump of his constitutional power to screen privileged information from lawmakers.
The department’s new legal posture is the latest development in the fight between Congress and the White House over access to information that House Democrats say is necessary to assess the strength of an impeachment case against President Trump.
The Justice Department’s five-page memo argues that congressional subpoenas that ask witnesses to appear without counsel are “legally invalid.”
“The (House Intelligence Committee) could address this separation of powers problem by allowing agency counsel to assist the employee during the deposition,” the memo says. “Should the committee not do so, however, a subpoena purporting to require a witness to appear without such assistance would be invalid and not subject to civil or criminal enforcement.”
Attorneys representing House Democrats did not immediately respond to a request for comment.
I prefer to call him “A damn Schitt”
SCHIFFace
Schiff: "Crap, I didn't think of that"....
He’s being exposed big time fail ensues for the half assed lawyer.
Barr, where is the report?
Absurdity has ruled the Justice Department for decades now. Don’t you think it’s time to get back on track?
While I appreciate this move, we deserve better.
Get with it!
“Attorneys representing House Democrats did not immediately respond to a request for comment.”
This will be characterized as Obstruction of Justice.
Let’s keep this FReepathon moving and wrap it up early, Folks!
One thing the Democrats learned from the Mueller Investigation has to be they need an escape hatch when it goes bad and it will.It seemed like Mueller was suffering to end it all but the Democrats didn’t have any escape.
What do you suppose would happen if it was revealed in testimony that it was the DOJ that was the impetus to request assistance from Ukraine in corruption investigations involving U.S. officials?
I’m not saying that they did, but what if Ukraine wasn’t cooperating with DOJ investigations and asked the President to make the request for more cooperation?
If true, they’re holding that card close to the vest. Unless, of course, it is outside of the purview to make such a request.
This decree is a little late
This decree is a little late
Attorneys representing House Democrats did not immediately respond to a request for comment.
Probably because their jaws were on the floor...
Yep...I don't doubt that at all, Schiff and his legal beagals really fumbled on this one.
Kangaroo courts don’t have to follow due process. It’s in the Constitution somewhere.
This DOJ position is actually a remarkable development.
legally invalid...what is the subject oh house investigation? resolution too broad to give proper notice?:
(r) Due process requires that a witness before a congressional investigating committee should not be compelled to decide, at peril of criminal prosecution, whether to answer questions propounded to him without first knowing the “question under inquiry” with the same degree of explicitness and clarity that the Due Process Clause requires in the expression of any element of a criminal offense. Sinclair v. United States, 279 U.S. 263. Pp. 208-209.
long discussion here from supreme court decision on congressional subpoenas-is impeachment inquiry sufficient or must resolution state cause (crime)of inquiry?
https://www.law.cornell.edu/supremecourt/text/354/178
[This DOJ position is actually a remarkable development. ]
Love this stuff!
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