Wednesday, January 5, 2022

Nancy Pelosi's Subpoena Trap

So said Attorney General Merrick Garland as he announced the indictment of Stephen Bannon on two counts of contempt of Congress stemming from his refusal to comply with a subpoena issued by the House select committee investigating the January 6, 2021, Capitol Hill protest.

As will be explained in detail, the January 6 Committee is illegally constituted, has no legitimate legislative predicate for conducting its investigation, and is issuing illegally broad and abusive subpoenas for materials and evidence over which Trump has asserted executive privilege.

House Resolution 503 instructed House Speaker Nancy Pelosi to appoint 13 members - seven Democrats and six Republicans - to the committee.

When House Minority Leader Kevin McCarthy recommended a Republican ranking member and five other Republicans to serve on the committee, Pelosi - in what she publicly conceded was an "Unprecedented decision" - appointed none of them.

In short, thanks to Pelosi's "Unprecedented" action, none of the Republican committee members were appointed consistent with the committee's authorizing resolution.

So what is a recipient of a January 6 Committee subpoena to do? He has no authority to waive the privilege on behalf of the president but, if he doesn't effectively do that by complying with the subpoena, he is subject to being held in contempt and, like Bannon, criminally prosecuted.

Despite the January 6 Committee's illegal composition, lack of legislative purpose, and illegal usurpation of the law enforcement function - all of which undermine the validity and enforceability of its subpoenas as well as the claim of executive privilege which, pending a resolution by the courts, precludes compliance with those subpoenas - Merrick Garland and his attack dogs have short-circuited the process by criminally charging Steve Bannon.

https://spectator.org/nancy-pelosis-subpoena-trap/ 

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