acbytesla
Penultimate Amazing
- Joined
- Dec 14, 2012
- Messages
- 38,278
That's about the administration's general strategy, but your question was not so narrow. You asked this: "Do you know how many votes in the various cases regarding subpoena power of Congress vs POTUS that the court has ruled in favor of POTUS?" You said the answer was zero.
Now, maybe I misinterpreted you, but it seems you meant that the courts have not once rejected a congressional subpoena involving the executive branch. If that's what you meant, you must certainly be wrong, since executive privilege is widely accepted as a valid defense regarding congressional subpoenas (within certain limits, of course).
For instance,
The quoted material is from a case I saw referenced in this article.
So, I'm definitely not claiming that the administration's stance is reasonable or likely to prevail. I'm just pointing out that what you said (no conflicts regarding congressional subpoenas have been settled in the president's favor) is wrong. Perhaps I misread what you wrote, so feel free to correct me.
No, I miswrote it. There are some limits to Congress's subpoena power. But it isn't what Trump is arguing. Congress has unlimited power to subpoena as long as it falls under it Congressional duties and responsibilities.
An important case is McGrain v Daugherty. Daugherty had been convicted of contempt
because he failed to appear before a Senate committee investigating the failure of Daugherty's brother (Harry Daugherty, the former Attorney General)to prosecute wrongdoers in the Teapot Dome scandal.
The Court upheld Daugherty's contempt conviction, establishing a presumption that congressional investigations have a legislative purpose. This presumption was not overcome by showing that the committee also had another purpose, such as exposure of wrongdoing. This presumption would later restrict the Court's hand in clear cases of congressional overreaching while investigating communists after World War II.
Here's the thing. Impeachment is an inherent duty of the legislative branch. Trump is attempting a wholesale refusal to cooperate and the reasoning is absurd. The House has the the sole duty to impeach. To decide to or not to requires their ability to inquure as to the facts. The framers would not vest in the House this responsibility and deny them the ability to do it fairly.