Posted on May 20 2019
Happy Monday Friends...
See May 10th original entry House Oversight Mazars Subpoena, Trump sues. Then see May 14th follow up entry, which includes two updates, today’s order denying Trump’s Motion to throw out the House OverSight Subpoena to Mazars.
What I’d expect next, is Trump will likely file an interlocutory appeal. Because Trump’s litigation algorithm is straight out of Roy Cohn’s Playbook.
So let’s go ahead and dive into Judge Mehta’s Memorandum Opinion which was simultaneously filed with the Order. In general terms, when a Judge’s Opening paragraph is a recitation of a former President of the United States...that’s a clue that Trump isn’t “winning” and that the Court has drawn a deep line:
Buchanan “cheerfully admitted” that the House of Representatives had the authority to make inquiries “incident to their legislative duties,” as “necessary to enable them to discover and to provide the appropriate legislative remedies for any abuses which may be ascertained.”
Right out of the gate Judge Mehta references Michael Cohen’s recent Congressional Testimony. It’s this part where Cohen made a pretty eyebrow raising assertion about Trump and his “over-inflated” financials when he was trying to buy an NFL team.
Here’s one important fact that often gets overlooked, on January 20, 2017 when Trump raised his hand and took the oath of office...you might remember my fixation of the “take care clause” - pursuant to OUR Constitution, specifically Article Two of the United States Constitution:
“take Care that the Laws be faithfully executed.”
Frankly it does not get any simpler than Congress has the duty and obligation to be the check and balance of an Executive who might be abusing the power of the office, our laws and most importantly our Constitution. Meaning Trump’s (completely unpersuasive) argument of “presidential harassment” does not have any legal merit, both in substance and style:
Congress is acting in furtherance of its constitutional responsibility to legislate and must defer to congressional judgments about what Congress needs to carry out that purpose. To be sure, there are limits on Congress’s investigative authority... “legislation could be had,” Congress acts as contemplated by Article I of the Constitution.”
Paragraph # 3:
...Trump cannot block the subpoena to Mazars. According to the Oversight Committee, it believes that the requested records will aid its consideration of strengthening ethics and disclosure laws, as well as amending the penalties for violating such laws. The Committee also says that the records will assist in monitoring the President’s compliance with the Foreign Emoluments Clause (emphasis added)
116th Congress House Rules
Some of you might recall the twitter thread pinned to my (now suspended account) it was a running thread of the United States House of Representatives, 116th Congress. The reason I took the time to update on a semi regular basis, I know how some parts of DC work and I had a gut feeling that Trump would pull this nonsense, specifically challenging House Rule X. As Judge Mehta astutely cites the Rules of the 116th Congress, provided the House Government OverSight & Reform Committee a specific power to “conduct oversight” of the Executive Branch:
“special oversight function” is described as involving the “review and study on a continuing basis the operation of Government activities at all levels, including the Executive Office of the President.”...
Rule X also vests the Oversight Committee with special authority to conduct investigations. According to the Rule, “the Committee on Oversight and Reform may at any time conduct investigations of any matter without regard to [other rules] conferring jurisdiction over the matter to another standing committee.
You can read the House of Representatives, U. S. HR 6 House Rules and now this might give you the clearest indication of why current White House Counsel Pat Cipollone has repeatedly transmitted letters to Congress citing the House Rules are unavailing (not). This link will take you to the eight previous write ups where I explicitly stated Cipollone is categorically wrong as it relates to House Rule X...
Remember in 2017 and 2018 I repeatedly told you that the way DC and Congress protects itself is via letters, and yes I know it was frustrating seeing a lot of letters and what you thought was no action. I told.you why those letters are important, they act as a document reference point and oddly contemporaneously lock in events. Can we all agree now that this is exactly why Members of Congress and Administrations (with the exception of Orange Bigly Dolt 45) write letters...please and thank you?
I mean for goodness sakes this Memorandum Opinion has multiple Congressional Letters in numerous footnotes. It’s almost as if those Congressional letters carry some level of importance...snort.
And if I’m ever allowed back on Twitter, I never ever want to see a complaint of why I focus on Congressional Letters, like ever...because my snarky retort will be this Memorandum Opinion.
Here’s one thing people in DC will not tell you, it’s an open secret, letters, as in multiple letters, wait a few weeks, then fire off a more tersely worded letter. When those attempts to obtain records fail then that’s when you pull the subpoenas out and start flexing your constitutional authority...when that fails because we effectively have a Mad-Orange-King as president who truly believes he’s above our laws and constitution. Then you petition the Court and present a full body of the documentary record that shows you made every attempt but King-Trump engaged in Obstructive Behavior (again).
As Judge Mehta cites Mazars informed Chairman Cummings that they could not “voluntarily” produce the Financial Records the OverSight Committee Requested But could only produce if compelled. At first I’ll admit I overlooked the specificity Mazars used but I went back in to my files and yes there it is. It’s as if Mazars said “you need to subpoena us” <snort>
I’m sorry...help...I’ve fallen and I’m on the ground laughing at Jim-bo Jordan because ...this is just glorious like super glorious. Although admittedly I loathe Jordan more than I loath mucking out stalls.
Congressman Jim Jordan, responded, declaring the action “an unprecedented abuse of the Committee’s subpoena authority to target and expose the private financial information of the President of the United States.”
Remember when Chairman Cummings put Jordan on notice? I actually wonder if Jordan has retained outside counsel because based on his Obstructive Conduct I’m actually surprised he hasn’t been publicly censured or that in the end Jordan might face his own set of legal issues...remember one can be charged with Conspiracy to Obstruct Justice and Witness Tampering and/or Intimidation.
See Jim Jordan’s April 15, 2019 memo to House OverSight minority members here.
Especially since we recently learned that Rep Matt Gaetz was the Member of Congress communicating with Mike Flynn...lest we forgot this (now deleted) Tweet from Rep Gaetz’s official twitter account
And subsequently thereafter (also while violating Federal Records Act by deleting the original tweet) Rep Gaetz tweeted this apology (jack ass)
Speaker, I want to get the truth too. While it is important 2 create context around the testimony of liars like Michael Cohen, it was NOT my intent to threaten, as some believe I did. I’m deleting the tweet & I should have chosen words that better showed my intent. I’m sorry. https://t.co/Rdbw3sTQJD— Matt Gaetz (@mattgaetz) February 27, 2019
Here is the very inconvenient truth, Trump is not a (Mad) King, he is purportedly president of these United States of America. Meaning the moment he took the oath of office he was and is obligated to follow our laws and our Constitution. I’ll keep saying this until I’m blue in the face:
TRUMP. NEVER. SOUGHT or OBTAINED APPROVAL FROM CONGRESS to violate our Domestic and Foreign Emoluments Clause(s). The moment that Orange SOB took the oath of Office is the exact moment he committed impeachable offenses. Show me where or when Congress granted Trump approval to accept and monetize the Office of President of the United States of America...🌶SpicyFiles Spoiler🌶 that Orange Menace never did. Get it?
If Trump has nothing to hide then the solution is really freaking simple:
DONALD RELEASE YOUR TAX RETURNS
For nearly TWO years Republicans member of Congress, our house, our Government....we the people ...gave Trump comfort and aid. They let him violate our Constitution our Laws. They the Good Ol’ Boys and Gals abdicated their constitutional responsibility to be the “Check and Balance” of the Executive Branch
As Judge Mehta explains in painstaking detail Congress has broad Authority
By in large Judge Mehta pulls from McGrain v. Daugherty the summary of that case was drilling down on the scope and authority of Congress to investigate. Oddly almost one year ago to the date, I pushed a pretty detailed write up of Trump and McGahn Obstructive Behavior and how in the end Trump may do irreparable harm to the Office of POTUS. In May of 2018 the aforementioned write up I too pulled from McGrain v Daugherty:
Granted Judge Mehta is far more eloquent than moi but the body of his rationale in the context of Congress’ power and authority is solid, and firmly planted in law versus hyperbole.
Relevant evidence includes the resolution authorizing the investigation, statements by Committee members, and questions posed during hearings. See id. At the same time, the mere absence of public statements identifying the investigation’s purpose or subject matter is not, by itself, conclusive proof of an invalid purpose....Importantly, in making this assessment, it is not the judicial officer’s job to conduct a “line-by-line review of the Committee’s requests.” Bean LLC v. John Doe Bank, 291 F. Supp. 3d. 34, 44 (D.D.C. 2018)
True story, the day I was permanently suspended from twitter for the umpteenth time, I wrote about the various options open to Congress, specifically Contempt of Congress and I brought to your attention the Congressional Subpoena issued by then HPSCI Chairman Nunes. See entry here, and a follow up entry on April 30th found here, after Trump sued Deutsche Bank. And a subsequent May 13th write up found here where I walked you through how and why Trump’s lawsuits would fail.
The Judge, in the absence of the a new congressional resolution the only document the Judge could use was the April 12 2019 Memo to OverSight Members explaining why Mazars would be subpoenaed.
(1) “whether the President may have engaged in illegal conduct before and during his tenure in office,”
(2) “whether he has undisclosed conflicts of interest that may impair his ability to make impartial policy decisions,”
(3) “whether he is complying with the Emoluments Clauses of the Constitution,” and
(4) “whether he has accurately reported his finances to the Office of Government Ethics and other federal entities.” Cummings’ April 12th Mem. at 4. Each of these is a subject “on which legislation could be had.
What you may not realize is with today’s memo this Judge May have inadvertently given the parties in the Emoluments Case(s) - remember there are two cases making their way through the Courts:
DC & MD AGs v Trump Case 8:17-cv-01596, (awaiting a ruling from the 4thCCOAs) And Emoluments entry (May 2018) this was from over one year ago, before the February 2019 GSA GAO Report, it’s almost like I might know what I use to tweet about, almost.
As for Chairman Cummings, I’d follow him over a cliff. He’s a giant among men and a gladiator.
🚨BREAKING: Chairman @RepCummings issues statement on court rejecting #PresidentTrump’s challenge to congressional authority to subpoena financial documents!— Oversight Committee (@OversightDems) May 20, 2019
Full Release: https://t.co/0iT7DcTVC7 pic.twitter.com/Yy6SeBEITb
Again here’s an open source link to today’s Memorandum Opinion...today was a good day for Government OverSight...remember why Congressional Letters are important so if on the remote chance I’m ever allowed back on Twitter that if I start tweeting off Congressional Letters today’s ruling is WHY. The Judge cited 17 congressional letters, that’s why...and in case I haven’t told you lately...
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