House Sends More Carefully Worded Impeachment Demand Letters (Not Subpoenas) – OMB and Pentagon…

Chairman Adam Schiff, House Permanent Select Committee on Intelligence; Chairman Elijah E. Cummings, Committee on White House Oversight; Chairman Eliot L. Engel, House Committee on Foreign Affairs, continue sending carefully worded letters under the guise of ‘subpoenas’ today.  [Main Link Here]

However, you’ll notice in these latest versions they are modifying: (#1) now they actually include attachments that would be “subpoenas”; yet they shift language to ‘subpoena schedules’.  Why?  Because (#2) the letters and subpoenas omit any penalty for non-compliance.  They cannot assign a penalty because the letters do not carry judicial authority.

Obviously Lawfare, instructing Pelosi’s group, realizes the larger American electorate has caught on to the impeachment word games. The “official impeachment inquiry” is all a one-party partisan ruse.  Here’s the issue they cannot overcome.

(Screengrab – Main Page Link)

Yes, congress can issue subpoenas; however a congressional committee must meet three requirements for their investigative subpoenas to be “legally sufficient” or have “judicial authority”; meaning a subpoena that carries a legal penalty for non-compliance.

  • First: “the committee’s investigation of the broad subject area must be authorized by its chamber;
  • Second: “the investigation must pursue “a valid legislative purpose” but does not need to involve legislation and does not need to specify the ultimate intent of Congress;
  • Third: the specific inquiries must be pertinent to the subject matter area that has been authorized for investigation.

These “subpoenas” from the committees do not meet the first hurdle.  The “impeachment inquiry” was not authorized by its chamber.  The chamber for each committee is the full house of representatives.  [Again, there are constitutional processes within impeachment.]

KEY POINT – Remember, the Legislative committee intent is to pierce the constitutional firewall that creates a distinct separation of powers; and the Legislative branch is trying to force documents from the Executive branch, overriding executive privilege. This is a constitutional issue.

This level of committee intent is why judicial authority (the full house authorization to grant weight to legal subpoena power) becomes much more important.

The House must vote to authorize the committee investigation, and through that process the committee gains judicial authority.  A demand letter only becomes a subpoena, technically meaning: ‘a request for the production of documents with a penalty for non-compliance’, when the committee has judicial authority.

Absent judicial authority, all of these “subpoenas” are simply “letters”.  That is why this latest round of letters (they are calling subpoenas) do not carry a penalty for non-compliance.  The demands cannot carry a penalty because the demands do not contain judicial authority…. because the investigation was not authorized by the chamber.

Notice the letters are from Oversight, Intel and Foreign Affairs.  Those three committees are outside the jurisdiction of the committee that holds power to write articles of impeachment, the House Judiciary Committee (Chairman Jerry Nadler).  As lawyer Ristvan noted:

It is well established that the House has subpoena powers concerning legislative oversight. But that power is limited to matters concerning A1§8. Neither foreign policy (Ukraine call) nor impeachment have any nexus to A1§8. Such subpoenas do not abrogate executive privilege.

It is established (SCOTUS concerning Nixon impeachment investigation) that IF the House votes to have the Judiciary committee formally conduct an impeachment investigation, then that committee (only) has subpoena power, and that power CAN pierce thru executive privilege. No such vote has been taken.

In essence, Schiff, Cummings and Engel are on a non-constitutional, non-authorized (by chamber) partisan fishing expedition – given the label “official impeachment inquiry” via a non-constitutional unilateral decree by Speaker Nancy Pelosi.

Pelosi (Speaker), Schiff (Intel), Cummings (Oversight), and Engel (Foreign Affairs) are attempting to use non-jurisdictional committees (no authority within the impeachment process) to gain evidence to relay to the committee that would have impeachment authority, the House Judiciary Committee.

Presumably once their assembled information arrives at the Judiciary, Jerry Nadler’s Lawfare staff will write articles of impeachment.  This is the process they are following; however, this partisan approach completely cuts-out the rights of the minority (republicans) and the impeachment due process rights of the executive.  It really is quite a scheme.

Pelosi appears to be waiting until all of the assembled evidence arrives at the Judiciary Committee before she will call for a full house vote to authorize the impeachment investigation.  Again, manipulating the process.

In the interim, none of these demand letters carry any penalty for non-compliance because Pelosi’s crew doesn’t want to engage the court system.  In these latest letters they have retracted the ¹prior threats (example below) to use non-compliance as “evidence of obstruction” because it’s likely any “obstruction articles” would be easily challenged in court on the basis the underlying subpoena lacked judicial authority.

[¹In my opinion Lawfare messed up when they previously included that threat, and now they’ve recognized what could happen with judicial branch backlash.]

Following the 2018 mid-term election I wrote THIS:

When it comes to political weaponization and political power constructs the Marxists have exceptional work ethics; they will outwork anyone on the other side who opposes them. They are far, far, better at political strategy and scheme than conservative politicians. Part of the reason for their success is that crooks, cons and swindlers are far more cunning than honorable, virtuous and moral people. It is unfortunate, but true; and the same truth applies beyond politics.

[…] We are the normal people who don’t spend every moment of our day scheming, conniving, and developing plans to dismantle the lives of your freedom loving community and rebuild it as a collective society.  For these Marxists who are about to take power that’s all they do.   Every moment of their existence they spend thinking about how to gain power and dominate, 24/7/365  that’s all they do…. (link)

…I stand by every word!

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This entry was posted in 6th Amendment, AG Bill Barr, Big Government, Big Stupid Government, Conspiracy ?, Decepticons, Deep State, Dem Hypocrisy, Donald Trump, Election 2020, Impeachment, Legislation, media bias, Nancy Pelosi, Notorious Liars, Occupy Type Moonbats, President Trump, propaganda, Secretary Pompeo, THE BIG UGLY, Treason, Typical Prog Behavior, Ukraine, Uncategorized. Bookmark the permalink.

261 Responses to House Sends More Carefully Worded Impeachment Demand Letters (Not Subpoenas) – OMB and Pentagon…

  1. TwoLaine says:

    Joe diGenova Responds to Second Whistleblower
    7 Oct 2019

    Liked by 4 people

  2. Magabear says:

    All the news sources, fake and even not fake, keep reporting these letters being sent as subpoenas. Amazing how the left controls the language.

    I’m starting to wonder if Pelosi and her scheme team actually want the courts, especially SCOTUS, to pull the plug on their fake impeachment efforts so they can squeal that the Courts saved PDJT and use that as their rallying cry in 2020. Hard to figure that group of snakes out sometimes.

    Liked by 7 people

    • swimeasy says:

      I believe that is precisely why Pelosi et al are running this playbook the way they are to keep it out of the courts as a political matter with the optics “looking like’ impeachment but without the legal pushback of a real impeachment. Unless and until Pelosi puts it up for a House vote, no legal perks of a real impeachment ie ability to subpoena, involvement by SCOTUS, etc.

      Liked by 2 people

    • All Too Much says:

      Good way out of it, and continues illegitimate SCOTUS narrative.

      Like

  3. Maybe I am out to lunch, but shouldn ‘t the DOJ be involved as the first letters appear to be a clear case of blackmail/extortion. Give us the “stuff we want of we are going to charge you with obstruction. Also since it had threats against the White House/President it seems to rise to the level of sedition/treason.

    Liked by 14 people

  4. Rowdyone says:

    In an age where Democrats/Socialists openly ignore or dismiss the Constitution, they appear to be tripped up by their own reluctance to abide by it’s procedures. Yet, as Sundance has pointed out, the process is deliberately being bastardized to give the appearance of due process to fool the rubes in 2020 without a care if it dies in the Senate. It’s nothing more than a power play to wound Trump and turn out their base. Their 2020 candidates certainly don’t excite them. And why go to all of this trouble? To cover up past transgressions being investigated by Barr.

    Liked by 2 people

    • Louisiana Tea Rose says:

      Too bad (for them) they have squandered any political leverage in complete desperation

      Let’s party.

      Like

    • Jederman says:

      I keep wondering what they think is going to happen when they lose the majority in the house.

      Are they under the impression this will be forgotten? But then our side is not long on cojones. I guess that’s why they don’t seem worried.

      They have burned all the bridges. Actually, all the bridges were (imo) burned when obama decided (or was told) there will no longer be a peaceful transfer of power based on free and fair elections and tried the chicago way to keep the fundamental transformation going.

      How do we go back from here? They hate us and want our demise bamn. It is unfortunate, truly. But it’s reality and must be dealt with accordingly. If they don’t want coexistence (and they made it clear they don’t,) fine. There will be no coexistence.

      And that’s cool because they’re not really dems anymore are they? They’re commies, socialists etc etc, they don’t belong in this country.

      Liked by 1 person

      • Right to reply says:

        I think you have forgotten that ANTIFA are their street babies. When they lose they riot and set fires. Everything they have done so far is identical to the Arab Springs

        Liked by 1 person

  5. Kaco says:

    I would hope they would NOT comply, and send response that until a full House vote dictating such, this is not legal nor enforceable.

    Liked by 2 people

  6. “Obviously Lawfare, instructing Pelosi’s group, realizes the larger American electorate has caught on to the impeachment word games.”
    —–
    actually .. the larger American electorate has 95% tuned out this new impeachment virus.
    Mueller inoculated U.S.

    Liked by 4 people

  7. Merkin Muffley says:

    Those “subpoenas” are great for lining bird cages!

    Liked by 4 people

  8. Don McAro says:

    I hear the Whistleblower is now going to testify as a silhouette and voice change…
    Its going to be Hard Changing Schiffs voice and the silo of his pencil neck

    Liked by 7 people

    • benifranlkin says:

      Wouldn’t it be funny if someone came forward to whistleblow Schiff? …there has to be a patriot or 2 to drop a real stink right in the middle of this farce. Need to disguise him or her as a sexy silhouette with a voice like Bullwinkle.

      Liked by 1 person

  9. Bogeyfree says:

    Lets hope that the illness of Justice Thomas is minor but I am always skeptical when I hear our most conservative Justice on the Court is out when critical impeachment ruling on how the house is conducting their activities may go to the SC.

    Let’s just say I’m suspicious of the timing of this illness for now.

    Something to keep an eye on IMO

    Liked by 5 people

    • littleanniefannie says:

      After all, look at Justice Scalia. Alone, on a hunting trip? I forget, was it in Arkansas or anywhere near Chappaqua?

      Like

    • All Too Much says:

      If Ginsberg can sign, Thomas can sign.

      Seriously, though, your point is well taken.
      Suppose the worst, a six justice court, making he decision.

      Like

  10. Romeo Hall says:

    “The only people who know the law are the people who need to know it.”

    Like

  11. The President NEEDS to start selling “Fake Democratic Impeachment Subpoena” toilet paper at the White House Gift Shop.

    Like

    • Johnny says:

      Sorry I stepped on your comment. I did not see it till mine posted.

      Like

    • All Too Much says:

      Yes, take it to a huge audience. The population hears subpoena and thinks subpoena. A good tweet explanation would bring the facts to the front. Maybe the letters and demands are just gussied up rakes.

      Like

      • littleanniefannie says:

        The simple fact is that the dumbing down of the American people takes place with those who get their “news” from the MSM and even Fox. These people never read the actual documents. Even I, a humble non-English major, remember enough from my middle and high school days to know that the first IG report and the summary were not written by people in the same quadrant of the country! Style, vocabulary, conclusions, etc. Not even close. Do the masses even question the differences? Nope. Took the word of CNN or NBC. Transcript of the Ukraine call or Schitt’s parody? Way too many supposedly “educated” people showed themselves to be edumacated instead. The list goes on.
        What is the message to be gained? Those of us at the Treehouse are “woke” to what’s going on because we find the actual documents posted here and read them as opposed to regurgitating the DemocRAT talking points!

        Liked by 1 person

  12. Johnny says:

    President Trump should tell Schiff that since he believes in recycling, the so called subpoena letters will be placed in the White House bathroom for toilet paper.

    Like

  13. jus wundrin says:

    Good write-up, SD, I also believe that after almost three years of nothing, the fascist progs need something, anything to sate the ignorant part of their base. They know how quick to violence these people can be, and how easily an instigator can whip them up into a violent frenzy.

    If pelozi cant find the proper scapegoat, i.e. the repubs, the mob turns on them. If the senate does a quick slam dunk out the door on this coup attempt, they will be the target. The SCOTUS plays their role too, especially with a conservative majority. The Kavanuagh anniversary, that received little airplay from the far left MSM, is an indication of how mentally unstable these folks are.

    When this plays out, and if you live near a BIG blue metropolitan area as a Trump supporter, you will be a target.

    Pray for our country!

    Like

    • littleanniefannie says:

      The RINOs think the DemocRATs will protect them because they stand against President Trump. If the DemDums are successful we will soon find out how the weight of the bus these idiots are thrown under feels!

      Like

  14. All Too Much says:

    In the real world of federal civil litigation, if a lawyer asked a court to order enforcement of the letter/attachment, the lawyer asking for the order would be sanctioned, better yet ridiculed in front of a full courtroom, including his clients. District courts were my place of business for several decades. I’ve seen the ridicule I described and it works to stop any further abusive conduct.
    That won’t happen to the Cummings or Engels, two tiered justice, but it should.
    A demand! to comply with the letter, though, might result it a court/district/appeals/SCOTUS, decision/ruling, which could put a stop the Pelosi’s constitution shredding.

    Liked by 1 person

  15. Bogeyfree says:

    PT should consider tweeting…….

    Funny how the ones who benefit most from wars are always advising me to stay engaged in these conflicts. I wonder why that is?

    Maybe they should open up their net worth statements and tell the American people where their financial gains have come from before I take their advise under advisement.

    Liked by 1 person

  16. Ausonius says:

    All kinds of allegations now being called “KEY FACTS” by CBS (Fake) News:

    “…Soon after the July call, White House officials moved a record of the call to a highly classified computer system, severely restricting who could access it….

    …The measures the House committee is considering, this aide said, “speak to concerns about the ranking member and his intentions.” In other words, Democrats are worried that Devin Nunes, the top Republican on the committee, will share the whistleblower’s identity with the White House.

    On the Senate side, “I can’t think of a time when we needed to conceal someone’s identity from the other party,” the aide said.

    Nunes relinquished his leadership of the House committee’s Russia probe after he was accused of coordinating with the White House to disclose classified information aimed at embarrassing the previous administration.”

    (My emphasis above)

    Oh my! Embarrassing MAObama! How terrible!

    https://www.cbsnews.com/live-news/trump-impeachment-inquiry-latest-house-committees-issue-new-subpoenas-ukraine-probe-live-updates/

    Liked by 1 person

  17. Bluto says:

    I got banned at Gateway Pundit for saying that their insistence that the Pentagon had received subpoenas was fake news and linking to this article.

    Liked by 3 people

  18. ChampagneReady says:

    This is like an arsonist trying to start a fire with wet matches.

    Liked by 1 person

  19. Jeff says:

    And the lying Fake Media are full-throttle. All day on the radio, the top of the hour “news” blips breathlessly informed us of yet another round of “subpoenas.” “The President and the White House received several more subpoenas today…” yada yada yada.

    Like

  20. SD, you’re a one-man Alinsky wrecking ball! Somewhere in the Lawfare complex there’s a junior attorney tasked with scouring and synopsizing your posts for his Bolshevik Precinct Captains.

    Liked by 2 people

  21. Jeff says:

    The thought that immediately came to mind when I heard about the first WB, and the “revised” WB complaint form, was a pure Alinsky-type thought. If anyone can now file a WB complaint based on second-hand info….
    Well, um… Treepers are pretty smart. Need I go on?

    Liked by 3 people

  22. Sloth963 says:

    Would it be fair to refer to these as sub-subpoenas?

    Like

  23. Bill Dumanch says:

    After reading all the items, I can only conclude:

    “Eat the babies” makes sense to these people. Whoa.
    Mondays…

    Like

  24. Bill Dumanch says:

    After reading all the items, I can only conclude:

    “Eat the babies” makes sense to these people. Whoa.
    Mondays…

    Liked by 1 person

  25. Bruce Hayden says:

    Just a reminder – these “subpoenas” were made under the House’s legislative and oversight power (Article I, Section 1). The House has little, to no, legislative or oversight jurisdiction over the White House, since it is the center of a separate Constitutional branch of government, authorized under Article II. They only have legislative or oversight power over portions of the government that they created. This does not include the Presidency.

    Liked by 2 people

  26. Amy2 says:

    This would be a good time for Brennan to be indicted, arrested….something! His cattle call to the intelligence committee was detestable. Him in an orange suit would hopefully get them to think twice about these antics. Please Mr. Barr, put the dots together and gather the evidence quickly! We need the pendulum to swing back in the right direction!

    Like

  27. Rynn69 says:

    Can anybody answer why not one Fox News reporter has asked who the whistleblower is? Who is the POS and why is he allowed to hide? Why is this not beat like a dead horse every hour on the hour on Fox?

    Anybody notice how Fox News programming for the hour starts something like this:

    “A second whistleblower comes forward against Trump, we will discuss with ______”
    “Also, the White House is refusing to cooperate with the House impeachment inquiry, more with ____”
    “President Trump slams Schiff about Ukraine call, says Schiff ‘lying’, we will discuss with ____ and ____”
    “McConnell says he will not pursue impeachment inquiry, more later.”

    Nothing on Joe Biden. N.O.T.H.I.N.G. Joe Biden, who knowingly should be investigated for in-your-face (or on-the-tape) illegal activities – namely selling OUR American taxpayers money for HIS own (and family) enrichment is not discussed. Not investigated. Not anything. N.O.T.H.I.N.G.

    President Trump – squeaky clean is being harassed, smeared, and lied about. America has the wrong people in government. And that must be remedied.

    Liked by 1 person

  28. Dick_Turpin says:

    I would like to see somebody like Mr Pompeo stand up in front of the cameras and say
    “This is what I think of this letter from Pelosi and Schiff” and then put it through a paper shredder on the table next to him!

    It would really bring the point home.

    Liked by 1 person

  29. Merkin Muffley says:

    This is deprivation of rights under color of law, pure and simple. These fake subpoenas and not only non-binding, they are illegal.

    Like

  30. Madi says:

    Sorry if you already look at this expose already : Ukraine started 2014 ? Oh yes dirty Democrats and dirty republicrats

    Liked by 1 person

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