If Barr denies Nancy the full Mueller report, he will put her into the position where she is forced

[pnwmom]

Last edited Sat Apr 6, 2019, 03:05 PM - Edit history (3)

to begin impeachment proceedings, as the only way to get the information the House needs. (A recent court case about accessing Grand Jury evidence has made this much more likely.) And the longer they drag the fight out, the more the House investigates, the more that is uncovered, and the closer to the election.

IOW, if he chooses obstruction, he will be doing her a favor. And he could end up going to jail himself, once the Democrats control the Presidency.

Bring it on, William Barr.

ON UPDATE: about that court case.

https://www.lawfareblog.com/dc-circuits-lockdown-grand-jury-material-may-hinder-congress-and-historians

In the current battle over the Mueller report and evidence, the House Judiciary Committee wants “access to materials the [Justice] Department deems covered by Rule 6(e),” according to a statement by Chair Jerrold Nadler. If McKeever had come out the other way, and recognized the existence of inherent authority to go beyond 6(e), Congress might have argued for release of the evidence on public-interest grounds, as part of its oversight power. But McKeever indicates that Congress probably needs to invoke the “judicial proceeding” exception if it wants grand jury evidence. While impeachment is a judicial proceeding, congressional oversight is not, according to a D.C. district court case from 1981—and nothing in McKeever suggests otherwise.

Congress may have powerful political arguments for the immediate release of the Mueller materials, as part of its oversight function, but under McKeever, it doesn’t have a powerful legal argument. It’s possible, of course, that the Justice Department will redact 6(e) material in the Mueller report to the satisfaction of all concerned. But if the House wants to see the full evidence, it may have no choice but to launch impeachment proceedings.

[malaise]

1. +1,000

ITTMF!!

[Eyeball_Kid]

2. You're skipping a few steps.

Pelosi knows well enough to follow the process. Being denied access to the report means that the House will initiate Court action to compel that the report be sent to the House. It's their Constitutional right. There is also a Contempt citation that can be issued to the AG, who will then be subject to arrest and imprisonment. Trump's refusal to allow the AG to release the report is likely an impeachable offense since it defies the Congressional duty to oversee the Executive. But impeachment will only likely occur AFTER the fight over the report concludes.

Trump's resistance indicates that his goal is to become an authoritarian dictator, and he is challenging Congress and the Courts to take his dictatorship away.

[pnwmom]

3. Yes, I know. Thanks for laying them out. But the bottom line remains the same.

It is the Constitutional right of the House to get whatever they need to exercise oversight, and if this involves starting impeachment proceedings, then so be it.

[Voltaire2]

4. You are correct. The only investigation

they can’t obstruct is an impeachment. But Pelosi does have to go through the process outlined above first.

[DFW]

6. Pelosi knows ALL the rules.

She is smart enough to go through all the procedures that would make impeachment the last, inevitable resort. If it DOES becomes the last resort, then Trump will have committed actions that will make it very difficult for any Senator to vote to acquit, which is the ONLY circumstance under which the House should impeach in the first place.

[onenote]

16. It's not nearly so black and white.

If the House had a "Constitutional right" to "get whatever they need to exercise oversight" there would be no such thing as "executive privilege".

The right of the House to get information from the executive and judicial branches is not absolute due to the principle of separation of powers. For example, there is no way, in the name of "oversight" Congress could demand access to the internal communications of members of the Supreme Court.

[pbmus]

20. By the end of this process Mueller and his prosecutors....

Will be up for harassment by this DOJ...

[kiri]

29. DOJ can ignore a contempt citation

"There is also a Contempt citation that can be issued to the AG, who will then be subject to arrest and imprisonment."

I am under the impression that if a house of Congress votes to charge someone with Contempt, this is sent to the DOJ to enforce it. Then, presumably the FBI serves a warrant. I think that the Sergeant at Arms does not have this authority/capability.

The problem looms: Barr can simply ignore a contempt citation, take no action to enforce it. What could the House do about it?

The <House> cannot serve warrants or arrest anyone. Or have a trial on the charges. If DOJ does nothing, the House might go to court to try to get a writ of mandamus. This will likely take years.

[druidity33]

32. hire a bail bondsman? citizen arrest? nt.

[Me.]

5. She Will Be Forced To Have Him Cited For Contempt By The Committee

and have him put in jail

[triron]

10. Best option imo. Threaten Barr with jail time.

[kiri]

30. House has no enforcement power.

A vote to charge someone with contempt of Congress is just a piece of paper.
It is not even a warrant for arrest. Without the cooperation of law enforcement--FBI--nothing can happen. If the someone is served, then a court trial has to happen, to determine guilt or innocence.

The House and/or the Speaker can do nothing until the matter is in court.

[InAbLuEsTaTe]

7. JUST.DO.IT!!! Impeach the Traitor-in-Chief now!!!

Bernie & Elizabeth 2020!!!
Welcome to the revolution!!!

[pnwmom]

9. Better to time it so it's closer to the election, since it's almost inevitable that the Senate

won't vote to convict.

[Me.]

12. I'm Thinking His Problems Are Going To Escalate Quickly

because the outrage is building. By the elections both he and Indiviual 1 may have already tasted some form of justice

[Wellstone ruled]

8. My guess is,Barr will be

thrown under the Bus by years end.

Contempt of Congress in anyway shape or form or even talk of it,we will see Barr gone in a heart beat.

[MyOwnPeace]

23. Yeah, there should be

something about a headline that says "ATTORNEY GENERAL REFUSES TO FOLLOW THE RULE OF LAW" that finds some people bothered by that action.

[Wellstone ruled]

24. The Speaker of the House

will be the first to move on this sucker. If you have been following the Legislation that is passing in the House,notice how the Dems have built in consequences for Legislation violations.

[RockRaven]

11. She could/should also impeach *Barr*

If she's going to make any sort of criminal referral for obstruction or contempt, having concluded that he has behaved thusly, then Barr's impeachment is also appropriate, justified, and quite frankly near-mandatory.

[yaesu]

13. I think they should have started impeachment proceedings the minute the Barr press release was

delivered.

[keithbvadu2]

14. 'Start' impeachment does not have to mean 'finish' impeachment.

[Iggo]

15. Pelosi.

And I agree.

They're daring us to impeach.

I think they see it as the only thing that'll mobilize the rubes.

[JohnnyRingo]

17. I find it incredible that Barr has put himself in this position.

Even Sessions refused to circumvent process and the law by covering for Trump's misdeeds. Certainly he was an avid supporter, but he wasn't about to put his own head on the block just to delay Trump's political demise.

Either Barr believes all (republican) presidents are indeed above the law, or there's something in it for him.

[AlexSFCA]

18. that's exactly what gop wants, get house occupied with impeachment proceedings

that will drag on all the way to 2020 election. It will energize gop base to put trump over the top.

[orangecrush]

19. egg-zactly.

[EveHammond13]

21. Yes. Release the Report or impeachment starts.

[ananda]

22. Do it Dems!

Start impeachment proceedings against the bastard!

[Lock individual1 up]

25. The only prison the orange mobster risks is...

in New York State because Pence would pardon him on resignation the Ford-Nixon way.

Any jail is OK anyway as "nobody is above the law" except if his lawyers plead "insanity" like we see him display more and more every day...

[Kurt V.]

26. I'm all for it. real ppl getting hurt and worse in real time.

[DinahMoeHum]

27. Methinks Barr is betting that the Senate will NOT convict Trump. . .

. . .in the case of impeachment.

Very dangerous game going on here.

[pnwmom]

28. Yes, he is. But, depending on the evidence that turns up, that could cause a huge backlash

against the Senate -- especially if the final vote is a few months before the election.

[DinahMoeHum]

31. Perhaps, and 22 GOP Senators are up for re-election in 2020.

Just sayin'