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Originally Posted by Cynthetiq
Should they forget about it since they can't get documents? No, of course not, in due time I believe, but couldn't they get the SCOTUS to compel the executive branch to comply?
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Cynthetiq....if it were only that simple.
Here is the problem Congress faces...I will lay out the actions to date:
*Congress issues subpoenas to WH staff to testify.
* WH asserts a never before interpretation of executive priviliege to claim that documents and conversations between two EOP staff (or EOP staff and other Exec Dept officials) that does not involve the Pres, are covered.
* the full House adopts of Resolution of Contempt of Congress against WH officials and formally requests that the AG direct the US Attorney for DC to bring the matter before a grand jury as required by law.
* the AG refuses to act based on a legal argument presented to him by the WH counsel that...get this....enforcing the law requiring that the Contempt of Congress charges be presented to a Grand Jury would violate WH claims of executive privilege
* to make that clear...the AG wont let the courts decide if executive privilege in these case apply because doing so would violate executive privilege.
* so.....Congress is left with taking a civil complaint to the US District Court for DC...where it now rests.
Congress is exploring a request to fast track it to the SCOTUS but the WH and the District Court of DC have expressed opposition to such a move...and there we are.
It would be comical if it wasnt so serious.