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Here’s some free legal advice: Trump Administration officials should reject the recent subpoenas by the House of Representatives Democrats. They read like political speeches, intended to influence public discussion, not like legal subpoenas. To answer these “when did you stop violating the law?” letters is to buy into and endorse their false premise.
If a Trump official were my client, I would recommend a short, quick letter in response. But would my client run the risk of not complying with a subpoena? Could officials who don’t cooperate be found in contempt or be accused of obstruction of justice?
Lawsuit - Judgment - Decision - Client - Documents
No. Because I would immediately file a lawsuit for a “declaratory judgment” to get a decision on whether my client has to provide documents that House Democrats do not have a right to demand. I would not wait for a hostile opponent to attack my client.
But the entire exercise is a purely political smear job. Republicans should not fall for the scam. They should meet the scam head-on and expose it for the hoax that it is.
Confusion - Authority - US - Constitution - Congress
There is confusion because there is no authority in the U.S. Constitution for Congress to act as a law enforcement agency. The power to investigate is only implied, not stated, by custom and interpretation. Constitutionally (not what Congress believes) the power of investigation is especially weak compared to an explicitly-stated power.
Congress surely has the implied power to investigate both the activities of the government and topical issues for the purpose of passing legislation or amending legislation. Our country’s political world has long accepted this. But there are limits.
Person - Subpoena - Right - Congress - Limits
A person receiving a subpoena has every legal right to object when Congress over-steps its limits. Therefore, recipients of these phony subpoenas should call the Democrats’ bluff, but also protect themselves by rushing as the “first to file” to...
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