Timothy Benton | May 17, 2019 | 0
More Contempt Of Congress Charges Coming
In a move that should not surprise us, we now hear that the Democratic controlled congress, finding they are powerless to force people to follow their charade is now trying to dig for something, anything to force Trump and allies hands in this.
First, before we get started, I would like to apologize for skipping a day getting an article out last week and will warn that I will have to do so again this week. I have a child who is 13, he is a wonderful child, but is with special needs, I had promised him that I would go with him to Special Olympics, while I hold all of you with much regard, I hold my duties as a father even higher. I also have a wife that is in hospice, makes life difficult, we just had some terrible news on her condition, I have to take her to a cardiologist next week.
Sorry, I don’t like to get into personal life events, but sometimes I have little choice but to draw others in when it affects my professional life.
But back to Congress and their frustration. The problem is that Congress is now demanding information they simply have no right to, in the latest court findings,
(E) The court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand-jury matter:
(i) preliminarily to or in connection with a judicial proceeding;
(iv) at the request of the government if it shows that the matter may disclose a violation of State, Indian tribal, or foreign criminal law, as long as the disclosure is to an appropriate state, state-subdivision, Indian tribal, or foreign government official for the purpose of enforcing that law; or
Now please note, the law states the judge, not Congres is the one that has to enable this information to be released, but this is further hampered by a recent finding in the DC Circuit Court of Appeals on Friday 5/5/19 split 2-1 in its grand jury secrecy decision, ultimately siding with the Justice Department in a case brought by researcher Stuart McKeever seeking records from 60 years ago.
The power of sharing grand jury records largely rests with the executive branch of government — specifically, prosecutors, because grand jury proceedings happen at arm’s length of the judicial branch, the appellate court found, citing previous appellate decisions in its reasoning. Federal rules that keep the work of a grand jury secret — including transcripts, related cases, and court filings — are strict.
“We agree with the Government’s understanding of the Rule,” Judge Douglas Ginsburg wrote, joined by Judge Greg Katsas. “The contrary reading … which would allow the district court to create such new exceptions as it thinks to make good public policy — would render the detailed list of exceptions merely precatory and impermissibly enable the court to ‘circumvent’ or ‘disregard’ a Federal Rule of Criminal Procedure.”
And here lies the problem, the one point stated by the justices, it is not Congress that decides what is released or not, rather the Executive Branch, and who is the head of the Executive Branch, that would be the president.
This then also goes for the rest, we saw precedence with Obama and AG Holder in the Fast and Furious case, where Obama put an executive privilege blanket over all the evidence and Holder’s testimony, Congress at that point was not able to do anything other than issue a contempt citation.
What is interesting, this is what the left was saying then about the contempt charges against Holder, amazing how they did a 180-degree turn on this now.
We heard them scream that contempt charges against AG Holder were for political reasons, then they turn around now and openly admit that the Contempt charges are for purely political reasons, they are desperate to stop Trump from becoming elected again.
This is the real reason the Democrats are acting as they are, it has nothing to do with obstruction, that is just an excuse, this is all about they are desperate and growing more so as they know the Barr and Justice report on their meddling with the Trump investigation. They know that come 2020 if they don’t do something now, the reaction of the American people could not only give back both the Congress, but also allow the Senate to grow in numerical difference, and the White House stays with the GOP, they could suffer for years for this gamble, one which they lost.