October 22, 2022

"In the most basic sense, any legal arguments seeking to get Mr. Trump off the hook would merely need to be weighty enough to produce two and a half months of litigation."

"If Republicans pick up enough seats in the midterm elections to take over the House in January, as polls suggest is likely, they are virtually certain to shut down the Jan. 6 committee, a move that would invalidate the subpoena."

From "Trump Could Harness Unresolved Legal Issues to Resist Jan. 6 Panel’s Subpoena/If the ex-president turns down the drama of testifying, his legal team could mount several constitutional and procedural arguments in court" (NYT).

The most relevant instance in history occurred in 1953, then the House Committee on Un-American Activities subpoenaed Truman. Though he "voluntarily testified before Congress on other topics, Truman refused to honor the committee’s subpoena, claiming that as a former chief executive he was immune from compelled testimony by the legislative branch." But that was that. The Committee did not litigate.

But what will Trump do? 

Aides to Mr. Trump have said that he has weighed whether to testify, but only under the condition that it be live and on television. That would deprive the committee of controlling what gets seen or from releasing only selected excerpts.

The article quotes lawprof Mark J. Rozell, author of “Executive Privilege: Presidential Power, Secrecy and Accountability”: “If Trump is going to go out there and make himself vulnerable, he’s going to do it in a public way.... It’s going to be a Trump show, and he’ll be playing to his own crowd. At that point, legal argument and nuances would be out the window.”

What would you like to see Trump do?
 
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37 comments:

Howard said...

Choke on a Happy Meal.

boatbuilder said...

Whatever happened to the Big Emergency Mar A Lago Raid reveal? The one that was such a grave threat to the Republic that it called for a pre-dawn raid on the former President's home by armed FBI agents? The one that was going to reveal that Trump was selling our nuclear codes to Putin, or something?
Did I miss that?

clint said...

I'd think it would be difficult to gather the requested documents in such a short time, especially when he's still fighting in court just to find out *what* documents the FBI seized.

boatbuilder said...

Testify on live TV--Wearing Viking horns and a Buffalo skin.

rwnutjob said...

Pay per view

Wilbur said...

I voted for "Testify — but only if it's live and unedited, on TV."

It'll be his opportunity to show the nation whose hog ate the cabbage. It may make him or break him as far as his chances in 2024.

tim maguire said...

Testify live and unedited is the fun answer, but run out the clock on this congress is probably the correct answer.

Temujin said...

There is no reason for him to validate this Court Theater and appear at all. So he will wait them out, at least dragging it out until the election when this entire thing will not end, but will be rendered pointless- even to the most obtuse. Or barring the wait, demand- as he should- that the full testimony appear live and uncensored, something this committee has not done up to now. The networks, obviously, should love it as it would be the biggest viewing audience for all of them in a few years. Larger even than Barack and Michelle's Netflix show. (is that still a thing?)

Big Mike said...

But what will Trump do?

Why on earth do you care? You boast of having not voted for him. Did his elimination of the SALT deduction hit you thar hard in the wallet?

tim in vermont said...

I think it would be a huge mistake to shut down the J6 committee, just re-organize it to recognize traditional rules of evidence and let the subpoenas fly. If they shut it down, that's proof that the deep state is still in control. If J6 turns out to be an FBI psy-op, that *is* bigger than 9-11, assuming, of course that 9-11 wasn't a CIA psy-op. You know, that they knew about it and let it happen, then encouraged the nonsense conspiracy theories that "fire can't melt steel" to keep the more intelligent rubes and marks in line.

Achilles said...

I hope he forces them to arrest him and put him in jail.

Well, the dark part of me hopes that.

West TX Intermediate Crude said...

What Tim said.
There is already a precedent for the Speaker to choose the minority members.
Keep the J6 Committee going, under new management.
There are probably no Quislings like Cheney and Kinzinger on the D side, so pick the D members by reverse IQ- Hank Johnson comes to mind, or just put the Squad on it. Make them the face of the opposition, and put it all on TV.
Fist witness can be Ray Epps, followed by some recently retired 2nd line FBI supervisor. Maybe the Capitol Police officer whose job it was to plan for large demonstrations but was told to stand down by Pelosi's office.
Make the enemy play by its own rules.

John Holland said...

It really is worthwhile to read Truman's letter to the chairman of the House Un-American Activities Committee telling them to go pound sand.

Here it is for those who do not subscribe to the NYT:

https://www.trumanlibrary.gov/library/research-files/harry-s-truman-harold-h-velde?documentid=NA&pagenumber=2

He concisely lays out the case that Congress cannot, and must not, compel testimony from a President or ex-President.

The Jan 6 committee is our generation's HUAC. HUAC has gone down in history as one of the most despicable things Congress ever did. Say, didn't the Democrats run HUAC too?

mikee said...

Trump Live would be less rewarding than the Geraldo reveal of Capone's safe, and more like a bad episode of Jerry Springer featuring trailer trash. There are two alternate narratives being presented, and reality might not be the majority factor in either of them. It would devolve into a shouting match during questioning by the fatuous Representatives of the committee, as they tried to stop Trump from airing their dirty laundry.

Tank said...

I believe that the people who think it would be good for Trump to testify are mistaken. Trump's natural manner of speaking, with humor and hyperbole and hints about hidden truths, is not conducive to testifying under oath.

Levi Starks said...

After reading Howard’s comment I suddenly realized why Biden is only allowed to eat ice cream.

who-knew said...

Prof. Rozell says: "At that point, legal argument and nuances would be out the window.”. So in other words, nothing about what goes on with the J6 committee will change.

Levi Starks said...

But to the bigger question, what I’d like to see I’d for him to be charged and convicted of contempt serve his 40 days in jail, and then run for and win his second term as president.

TrespassersW said...

All congressional hearings and testimony should be broadcast live and unedited. That the J6 star chamber antics have not been should tell us everything we need to know.

Narr said...

Usually I vote with one of the top two blocs, but my "wait and see" preference is only third.

I'll read the other comments now and see if my mind is changed.

(Wait and see, then open testimony in the raw.)

Joe Smith said...

Do not shut down the committee.

Get rid of all D members and do a proper investigation.

n.n said...

Do not shut down the committee.

Get rid of all D members and do a proper investigation.


I second the motion. We need to know why there were Capital Hill "heroics." We need to know why the police assaulted the people and forced a riot. We need to know why Pelosi et al denied civil rights to peaceful assembly, speech, and redress, and exercised liberal license to sustainable imprisonment of American citizens. We need to know if it was a Whitmer-event.

JAORE said...

Demand open testimony. When the committee refuses, THEN litigate based on the law AND the politics of "what are they trying to hide?"

Rusty said...

Somebody give Howard the Heimlich.

Earnest Prole said...

Do not shut down the committee. Get rid of all D members and do a proper investigation.

Exactly. The new committee must subpoena Nancy Pelosi to discover why the capitol was so ill-defended.

Readering said...

Testify live and nap.

Joe Smith said...

The democrats built the weapon and established precedent.

Now the Rs need to use it themselves...

Tim said...

He should tell the "committee" to get bent. Illeagly constituted under their own rules.

narciso said...

or how someone with fanone's violent past, kept getting promoted,

rcocean said...

Question: If he lies under oath to Congress, who makes the decision to prosecute? I think its DoJ. I don't think Congress has anything to do with it.

IOW, Trump may be walking into a perjury trap. Biden and Garland will comb through his testimony and find some bullshit statement call it a "Lie" and then charge and convict him. Of course, they're probably already going to do that after the Biden Gestapo raid of August.

Third, I don't think the J6 committee will let Trump testify live and on TV. That's not the point of having him testify. Its to convict him of perjury, or release selection quotes to make him look bad. Or to justify a referal to DOJ to prosecute Trump for "insurrection".

Stonewalling seems the best bet. Besides, let the SCOTUS settle the issue once and for all. Can an ex-POTUS be covered by executive privilage?

Kai Akker said...

--- put the Squad on it. Make them the face of the opposition, and put it all on TV. [WestTX]

I love your idea! Press the advantage when it arrives. Under Pelosi Protection, this J6 farce gets taken seriously. Put Abbie, I mean Donald, up there with them and see who is more convincing. What an opportunity.

walter said...

Have Trump and Liz Cheney go MMA on each other.
Cheney has unadultered hate in her corner.
She's a biter.

Michael K said...

Third, I don't think the J6 committee will let Trump testify live and on TV. That's not the point of having him testify. Its to convict him of perjury, or release selection quotes to make him look bad. Or to justify a referal to DOJ to prosecute Trump for "insurrection".

Of course ! That's why he made that stipulation. Had they been seriously interested in his description of what went on they would act very differently.

Douglas B. Levene said...

Purely from an entertainment perspective, I'd like to see Trump testify live and unedited. That would be entertaining. Would that be legally risky for him? Probably not. Although he'd almost certainly commit perjury, the odds that DOJ would prosecute him for perjury are small. And politically there's no risk. The people who like him will still like him, and the people who don't like him will continue to dislike him. I guess if you are asking me which course of action would reduce the odds that Trump runs and is nominated in 2024, that's probably the answer: none of these alternatives would make a difference. If the Democrats really want Trump to go away, the best thing they could do is just ignore him, whatever he says or does.

Dude1394 said...

The J6 committee is corrupt. No one should cooperate until they have too.

Dude1394 said...

The j6 committee should either be shut down or reformed just as partisan as it is now, if not more so. Then let the subpoenas fly all over the fruits plain. Can’t wait to see both Clinton’s, mueller and comey on the stand. Of course we will have to only leak to conservatives news outlets/blogs and shut the democrat media out.

Another old lawyer said...

I can't wait for the investigation of the Biden administration's involvement, preparation, and response to the riots that will occur if Trump is re-elected. Well, really after any Republican is elected president as I expect the theoretical "Antifa" and others will riot 'cause election of fascists.