Democrats continue their impotent rage against Trump without effect
...You would think that on a panel made up of lawyers there would have been one competent one that could tell Nadler et.al. they were screwing up. What they instead produced was a transparently stupid contempt decree. Did not one Democrat lawyer on the Judiciary panel not know that they could not demand that the Attorney General perform an illegal act? Apparently not. Apparently many in the media were also similarly ignorant.
With the many overhyped political moments of the last two years, it is not clear when the partisan shark jump occurred. Soon after the appointment of special counsel Robert Mueller, legal experts and commentators on air began confidently declaring the crimes of Trump campaign “collusion” were obvious and established. As the report approached completion, commentators spoke widely of a finding of criminality as a virtual given.
Yet, Mueller then stated that his investigation “did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.” The Russia investigation without criminal Russia collusion was like Geraldo Rivera opening the safe of Al Capone only to find empty bottles. To make matters worse, Mueller did not reach a conclusion on obstruction but Attorney General William Barr and Deputy Attorney General Rod Rosenstein found that the evidence would not support a criminal charge of obstruction.
Democrats then proceeded to try and shift attention from collusion to obstruction, but their unwillingness to actually open an impeachment inquiry has undermined their claims that obstruction crimes were well established. Almost instantly, you could feel national attention waning and lawmaker desperation growing. There have been some cringeworthy stunts during the past few weeks. Democrats tried to make redactions in the report be the focus, in order to avoid questions over the refusal to move toward impeachment. The problem is Barr released 92 percent of the report and 98 percent of the report to select members of Congress.
Democrats had called for Mueller to appear before them on Wednesday. Mueller did not show, despite Barr showing a willingness to have him testify. Instead, the committee called for a hearing with constitutional experts to discuss the executive privilege claims raised by the White House. I was one of those experts, and the hearing did not exactly turn out as the Democrats planned. They have insisted that President Trump had already waived privilege to undisclosed evidence shown to Mueller. The committee witnesses, however, agreed that there is no such waiver.
Worse, the witnesses agreed that Barr could not release the “full and unredacted report” to Congress including any grand jury, or Rule 6(e), evidence. That is in direct contradiction to weeks of demands for the unredacted report along with a subpoena that demanded disclosure of the entire report. The committee maintained that “neither Rule 6(e) nor any applicable privilege barred disclosure of these materials to Congress.” Yet, the expert witnesses it called on have now testified that is not true.
As I noted to the committee, the subpoena, which is the very basis for the earlier contempt vote, was demanding an unlawful act from Barr, and the committee then held him in contempt for not committing that unlawful act. The key to setting up someone for contempt of Congress is to draft a subpoena that he might actually be able to legally fulfill. Notably, despite all of the punditry and cable news coverage of it, the contempt citation has not yet been submitted to the full House for a vote, let alone to a court for review. That is probably not because the contempt case is too strong.