Thursday, May 25, 2023

And If The Courts Won't Give Him The Document....

...he'll defund the courts, too!

(You'll note the Committee is not going to court to enforce its subpoena.  Part of the reason why is that Congress doesn't have a separate law firm to go to court on behalf of a Committee.  I believe the general practice is to ask the DOJ to represent Congress in such matters.  But considering the FBI is refusing the document on the grounds it interferes with law enforcement investigations, I don't see the DOJ taking the opposite view on behalf of Gym Jordan.  Now, yes, a private law firm can take whatever position a client needs to uphold in court, but the DOJ IS part of federal law enforcement.  AWKWARD!

So Gym Jordan can't shit, and he can't go blind.  He's stuck "demanding," but with no way to enforce his demands, except to "defund" the FBI.  Which is a non-starter of the first water.

I mention this because it reinforces the point about Biden using the 14th Amendment and that issue being tied up in litigation. But by whom?  Individual Congresscritters?  Would they have standing, much less the willingness to spend that kind of legal coin?  By Congress?  How?  Asking the DOJ, part of the Administration, to represent an interest contrary to that of the Administration (not the President personally, but the office thereof)?  DOJ could politely decline, and point out the suspension of Biden's move would cut off their funding until Congress raises the deb ceiling, so they can't afford to take the case (their lawyers are all on unpaid leave!).  Congress hires a law firm?  Again, how do they authorize those payments through the Treasury without raising the debt ceiling?

It sounds too simple, even to me.  But everyone says there will be "litigation," as if this were a superhero movie where everybody wears tights and nobody ever has to go to the bathroom.  I mean, in reality, litigation involves lawyers (Congress can't represent itself in court) and parties (who has standing to sue on this issue?).  I'm stuck wondering where the first come from, and who can show standing for the second?  Seems to me you have to do that just to get an injunction, even a TRO, to stop Biden from using the 14th.  I don't see any of this being automatic if Biden makes his decision.  Who tells the Treasury: "No, you can't do that, I don't care what the POTUS says?"  Because that's what would have to happen.  I mean, unless Janet Yellen just goes rogue and refuses a Presidential directive.  And then that's a whole different kettle of litigious fish.)

Meanwhile: No wonder Gym is screaming about an FBI document he can't have.  He knows what kinds of questions Democrats would ask Durham.

1 comment:

  1. He reminds me of a coach who tried to bully a teacher I knew into padding the grade of one of his players. Biggest baby man you ever saw.

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