Drudge Retort: The Other Side of the News
Saturday, October 12, 2019

If Trump-appointed appellate Judge Neomi Rao could have her way, Congress could only investigate presidential misconduct if it formally opened an impeachment inquiry - and went through an extensive process that included a full House vote.

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(H)er dissenting opinion laid out an extraordinarily narrow of view of when and how Congress can probe whether the President or other executive officials acted illegally " a view that grows even starker when one considers that the Justice Department has barred itself from prosecuting a sitting president.

She claimed that if it is issuing a subpoena as part of an investigation of presidential misconduct, Congress must first open a impeachment inquiry. She also suggested that the courts have the ability to decide what constitutes an impeachable offense.

She dismissed the House Democrats arguments that the subpoenas they were issuing also could also serve a legislative purpose and accused Democrats of trying to "whitewash" the purpose of the subpoenas.

"When Congress seeks information about the President's wrongdoing, it does not matter whether the investigation also has a legislative purpose. Investigations of impeachable offenses simply are not, and never have been, within Congress's legislative power," she said.

Rao's dissent appeared at odds with the typical (and ostensible) modus operandi of conservative legal advocates who say judges should not read into the Constitution powers and rights that are not explicitly there.

I'm putting this here in hopes that the Retort constitutional scholars might comment on Judge Rao's interpretations that almost perfectly dovetail with the White House's widely panned political missive of denial released by WH attorney Pat Cipollone this week.

I guess the greater question is whether anyone actually believes jurists would allow Democratic presidents the same power to avoid congressional oversight that this judge's dissent would allow Donald Trump's?

#1 | Posted by tonyroma at 2019-10-12 08:46 AM | Reply

Trump wants to eliminate Congressional oversight, not restrict it.

#2 | Posted by Zed at 2019-10-12 08:46 AM | Reply | Newsworthy 3

Seems legit

No Constitutional Crises in sight

Transparent
And refreshing

- jeffyj

#3 | Posted by ChiefTutMoses at 2019-10-12 01:09 PM | Reply

We don't need no checks and balances

#4 | Posted by hamburglar at 2019-10-12 06:57 PM | Reply

someone knows how to get a job for life. pander pander pander. after that, nobody will remove you. anything to get that job.

#5 | Posted by BruceBanner at 2019-10-12 07:39 PM | Reply

When do we have to start calling the orange king "my grace "?

#6 | Posted by 503jc69 at 2019-10-12 07:42 PM | Reply

Lock her up! Lock her up!

Did I do that right (R) -----???)

#7 | Posted by aborted_monson at 2019-10-12 09:41 PM | Reply

Re#7

No. You did not.

You have to say it three times with inflection!

Then Humpy Trumpy will emerge from your mirror and grap your crotch. If you are a woman. If you are a man he will hire you then humiliate you then fire you. If you are a child he will chase you into a closet or a cage. Dogs he just kicks.

It's fun for whole family!

#8 | Posted by donnerboy at 2019-10-13 12:06 PM | Reply | Funny: 1

Congressional oversight has gone crazy.

#9 | Posted by Sniper at 2019-10-13 06:40 PM | Reply

We don't need no checks and balances
#4 | Posted by hamburglar

We damn sure don't need a microscope up the president's burr every time he passes gas.

#10 | Posted by Sniper at 2019-10-13 06:41 PM | Reply

We damn sure don't need a microscope up the president's burr every time he passes gas.

#10 | POSTED BY SNIPER

You should have told that to the GOP under Obama. They are the ones who increased the subpoena power of congressional committees by changing the rules.

Karma is a bitch, isn't it.

#11 | Posted by gtbritishskull at 2019-10-13 10:05 PM | Reply | Newsworthy 1

We damn sure don't need a microscope up the REPUBLICAN president's burr every time he passes gas.

Fixt.

#12 | Posted by Nixon at 2019-10-14 07:15 AM | Reply

Congressional oversight has gone crazy.

#9 | Posted by Sniper at 2019-10-13 06:40 PM | Reply | Flag:

Complain to Mitch McConnell, Paul Ryan, Ted Cruz, Lindsay Graham, Trey Gowdy, Noot Gingrich and (the dumbest man in Congress) Louie Gohmert. They all had their microscopes so far up Obama and Hillarys asses they could see out their mouths over nothing.

They built this. You cheered it on. Now you cry that it is going too far.

#13 | Posted by Nixon at 2019-10-14 07:18 AM | Reply

Sniper would be embarrassing himself here if he was actually capable of feeling embarrassment, I'm pretty sure he lost that ability a long time ago. to say he is a joke insults jokes.

#14 | Posted by danni at 2019-10-14 08:51 AM | Reply

Someone is padding their resume for a SCOTUS seat.

#15 | Posted by SunTzuMeow at 2019-10-14 01:03 PM | Reply

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