That is what a 3-judge panel for the US Court of Appeals or DC said today.
A federal appeals court dismissed a House lawsuit Monday seeking to force President Trump’s former White House counsel Donald McGahn to comply with a congressional subpoena, saying that Congress has not passed a law expressly authorizing it to sue to enforce its subpoenas.
“This decision does not preclude Congress (or one of its chambers) from ever enforcing a subpoena in federal court; it simply precludes it from doing so without first enacting a statute authorizing such a suit,” Judge Thomas Griffith wrote for the majority, joined by Judge Karen Henderson.
www.washingtonpost.com/…
THIS is what Republicans have been building — a judiciary that is increasingly pro-Republican on everything. Activist judges willing to ignore the law, or orchestrate legal gymnastic arguments that defy common sense.
The full decision is here:
www.washingtonpost.com/…
Now, Pelosi will likely request a hearing by the full court, and this will likely go to the Supreme Court.
Pelosi’s statement:
If allowed to stand, this wrong-headed Court of Appeals panel ruling threatens to strike a grave blow to one of the most fundamental Constitutional roles of the Congress: to conduct oversight on behalf of the American people, including by issuing our lawful and legitimate subpoenas. The ruling represents a flawed judicial attack on the entire House of Representatives; in the past, both Republicans and Democrats have successfully sought to enforce House subpoenas in court.
Which makes the 2020 election even more dire:
A second term of Trump could see him effectively reach king status, able to ignore any and all subpoenas and oversight, especially if he was able to appoint another Supreme Court justice.
A Democratic majority in the House and Senate would have no power over Trump. Senate Republicans will never allow a vote on Congressional subpoenas to pass, and Trump would certainly veto any bill that did reach his desk.
NO PROTEST VOTES.
