Another Day, Another Phony “Subpoena” Impeachment Narrative – Rick Perry Edition…

The House democrats will keep doing this until someone in the media begins to hit them with hard questions that expose the nonsense.

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

Again, just like all prior examples, this is not a “subpoena”, it is a letter calling itself a “subpoena” and carries NO legal penalty for non-compliance. A legislative “letter” needs to carry judicial enforcement authority –A PENALTY– in order to be a “subpoena”.

There is no penalty that can be associated with these demands because the Legislative Branch has not established compulsion authority (aka judicial enforcement authority), as they attempt to work through their non-constitutional “impeachment inquiry” process.

It has long been well established by SCOTUS that Congress has lawful (judicial authority) subpoena powers pursuant to its implied responsibility of legislative oversight.  However, that only applies to the powers enumerated in A1§8. Neither foreign policy (Ukraine) nor impeachment have any nexus to A1§8.  The customary Legislative Branch subpoena power is limited to their legislative purpose. 

There is an elevated level of subpoena, made power possible by SCOTUS precedent, that carries inherent penalties for non-compliance, and is specifically allowed for impeachment investigations.  That level of elevated House authority requires a full House authorization vote.

In this current example the Legislative Branch is expressing their “impeachment authority” as part of the Legislative Branch purpose.  So that raises the issue of an entirely different type of subpoena:… A demand from congress that penetrates the constitutional separation of powers; and further penetrates the legal authority of Executive Branch executive privilege.

It was separately established by SCOTUS during the Nixon impeachment investigation that *IF* the full House votes to have the Judiciary Committee commence an impeachment investigation, then Judiciary (only) has subpoena power that can overcome executive privilege claims. 

There has been NO VOTE to create that level of subpoena power.

As a consequence, the House has not created a process to penetrate the constitutionally inherent separation of powers, and/or, the legally recognized firewall known as ‘executive privilege’.   The House must vote to authorize the committee impeachment investigation, and through that process the committee gains judicial enforcement authority.  This creates the penalty for non-compliance with an impeachment subpoena.

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 enforcement authority. That process establishes an enforcement penalty.

The current demand letters cannot carry a penalty because the demands do not contain judicial enforcement authority…. because the impeachment investigation was not authorized by the chamber.

The reason judicial enforcement authority is constitutionally required is because creating Judicial enforcement authority, creating the penalty for non-compliance, gives the Executive Branch a process to appeal any legislative demand via the Judicial Branch (federal courts).

Absent a penalty for non-compliance, which factually makes a subpoena a ‘subpoena’, the Executive Branch has no process to engage an appellate review by federal courts. This is the purposeful trick within the Pelosi/Lawfare road-map.

Pelosi and Lawfare’s plans are designed for public consumption; she/they are creating the illusion of something that doesn’t exist.  The purpose of all this fraudulent impeachment activity is to create support for an actual impeachment process.

Because the current Lawfare/Pelosi roadmap intends to work around judicial enforcement authority, the impeachment process is destined by design to end up running head-first into a constitutional problem; specifically separation of power and executive privilege. That predictable constitutional issue will end up with arguments to The Supreme Court.

THAT appears to be why Democrats and left-wing activists have been working for months to de-legitimize the Supreme Court. They always intended to run into this problem. They planned for it.

The Lawfare impeachment road-map is designed to conflict with the constitution. It is a necessary -and unavoidable- feature of their impeachment plan, not a flaw.

 

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This entry was posted in 4th Amendment, 6th Amendment, Big Government, Big Stupid Government, Decepticons, Deep State, Dem Hypocrisy, Donald Trump, Election 2020, History, Impeachment, Legislation, media bias, Nancy Pelosi, Notorious Liars, Occupy Type Moonbats, President Trump, Professional Idiots, propaganda, THE BIG UGLY, Uncategorized. Bookmark the permalink.

122 Responses to Another Day, Another Phony “Subpoena” Impeachment Narrative – Rick Perry Edition…

  1. Bogeyfree says:

    If the US Budget is $4.4 Trillion, I wonder how much of that is laundered back into the pockets of evil doers??

    And remember this is year after year after year…………..no penalties, never ending and no one says boo!

    What a fricken racket!

    Liked by 3 people

    • “Nothing to see here … pay no attention to the little man behind the curtain … nothing to see here … move along … move along …”

      Please remember to keep your Brain turned off when entering this area . . .

      Liked by 3 people

  2. jrapdx says:

    Can the Democrats really “de-legitimize” the SC? After all, the SC rulings and orders are the final word interpreting the laws of the land. And it’s clearly evident the Trump administration will enforce laws accordingly even when unfavorable to its preferences.

    If the Democrats act in defiance of the SC or refuse to accept/follow rulings and orders the consequences could be at the very least hazardous to their agendas. The administration would be obligated to enforce lawful action as determined by the SC—most likely a less than an optimum experience for said Democrats.

    Seems to me the Democrats are asking for trouble and the way they’re going they’re likely to get it.

    Liked by 2 people

    • ms doodlebug says:

      Since we, as PDJT supporters, see Congressional democrats as the ‘enemy’ it seems prudent to know what thinking is behind what they are doing. IMO, we need to step outside our own safe spaces and echo chambers into ‘their’ world. We hear a lot about the influence of Lawfare and should be reading the Lawfare blog for ‘insight’ as we do our own ‘oversight’ of Congress. Here’s just one of their articles on the impeachment path congressional democrats are taking. https://www.lawfareblog.com/must-house-vote-authorize-impeachment-inquiry

      Liked by 1 person

      • jrapdx says:

        You make a good point. If one has the stomach to read such stuff it can be informative re: where the leftist enemies are aiming their attacks. I’m certain PT (and his legal team) thoroughly study these sources. For most of us deplorables looking at those documents is more of an academic pursuit though might provide material we can use to browbeat our elected officials.

        Liked by 1 person

  3. I certainly l hope Perry doesn’t plan on showing up

    Liked by 2 people

  4. namberak says:

    “… it is a letter calling itself a “subpoena” and carries NO legal penalty for non-compliance.” I got a sore throat this afternoon yelling at the TV every time Fox News said “subpeona.” It’s a damn shame Fox has turned into the Nevertrump Network …

    Liked by 4 people

  5. The American Patriot says:

    People are going to jail. Piglosi will be forced out of her position, and, then will face the SC for her actions!

    Like

  6. Jeff Webb says:

    And even the Fox script writers keep referring to these bogus documents as subpoenas

    Liked by 2 people

  7. I wonder what would happen if, say, 10,000 truckers and 50,000 bikers all descended on D.C. all at the same time. For, say, a week…or two. Just wondering!

    Like

  8. ghostofaurelian says:

    Is it an legal subpoena if there isn’t a Grand Jury, a House Vote or actual charges filed?

    Liked by 1 person

  9. amflyalex says:

    Why is Sundance the ONLY person ANYWHERE who is drilling down into the actual words on the page and saying this is a LETTER and not a SUBPOENA? We know the MSM would not say it if they even knew, and RINOs want to keep things obfuscated, but for God’s sake, any true conservatives out there (lawyers? we got any flippin’ lawyers out there?) who make public statements / opinions should be SHOUTING THE FOLLOWING FROM THE MOUNGTAINTOPS:

    “ATTENTION! ATTENTION! American Citizens, no matter what the Democrats tell you, there have been NO subpoenas to ignore! NONE!! NO SUBPOENAS, JUST DEMANDING LETTERS that carry absolutely NO weight in law.Until the Executive Branch receives a proper subpoena, they will will give the House nothing.”

    That should be the ONLY response to “Why are they not turning over documents?” Maybe that would finally sink in if everyone were on the same page. Then the most logical question from the sheep would be, “Yeah, why don’t you send a real subpoena?” And you KNOW what the answer is. So they back down and we all live happily ever after — for 10 minutes while Wile E. Coyote Democrats go to the Acme store to pick up an anvil, a rocket and some more rope.

    Liked by 1 person

  10. Ono says:

    Lets not for get that Ca. has the largest and greatest military installation. bases in the world.

    Camp Pendelton… Miramar, el Toro.

    Like

  11. Republicanvet91 says:

    “A legislative “letter” needs to carry judicial enforcement authority –A PENALTY– in order to be a “subpoena”.”

    At some point, the radical leftist base will start asking why Schiffy is not enforcing his “sub…letters”.

    The media can only carry this charade so far, and then even their base should get wise to being used.

    Like

  12. gsonFITonFIT says:

    The IC/Deep State/dems would have tried to pen a takeover of the National Ukraine Natural Gas company by Rick Perry at the direction of PDJT with the help of Parnas and Fruman who helped introduce Giuliani around Kiev. PDJT’s release of the transcript of the Ukraine phone call before Congressional Testimony screwed this all up.

    Alinsky’s 14th Rule, “If you find yourself up against President Donald Trump you are defeated. Run like Hell!”

    Liked by 1 person

  13. Jim Raclawski says:

    here you have treacherous miscreants who have themselves a 3-legged giraffe but in order to get to where they want to be…. they really…. REALLY have to have a gazelle…. and no matter the volume…. or energetic nature of their banging&clanging … not even the added cacophony of an endless cluster of purveyors of lies and falsehoods can transmute that sad-sack of a giraffe…. the House mellonheads are “tar-baby” stuck to it…..

    best example of why we need to make Article V – Convention of State’s a reality….

    Like

  14. deplorable says:

    And since they were Trump appointees, Gorsuch and Kavanaugh must recuse.

    Like

  15. Soldier/Cop/Grunt, Retired says:

    TO: Americans
    cc: President Trump, Members of Congress.

    Note: This message/comment is being posted to any article providing examples of the actions of the political class, the media, bureaucrats, and academia proving the soldier’s lessons learned and the reason for submitting this comment.

    Rape, Pillage, Plunder; American You’ve Been Had!

    After 26 years of active duty and into his third year as a police chief a soldier published 12 of 15 of what he titled as; ‘A Soldier’s Lessons Learned’. They were to serve as the prelude to a book he was writing. The title of the book is meant to establish in a few words the overall conclusion of the book, which lays out in detail how the soldier arrived at each of the lessons learned. The original title of the book was; ‘Rape, Pillage, Plunder; American You’ve Been Had!’ Side Note: After B.H. Obama was elected to his second term the title was changed to: ‘Rape, Pillage, Plunder; American You’ve Been Had and It’s Your Own Damn Fault!’ Sadly, since Donald Trump came down that escalator Americans are being provided daily proof of the validity of the soldier’s lessons learned and the title of his book! Soldier/Cop/Grunt, Retired

    A Soldier/Cop’s Lessons Learned

    Note: In an attempt to bring the lessons learned into the current political climate I have inserted a short comment where I deemed appropriate.

    1. Soldiers (ground combat soldiers, that is) do not fight first and foremost for their country, the flag, motherhood, nor apple pie. Before all else, soldiers engaged in ground combat fight for their fellow soldiers and their unit.

    Note: Were this one not true I fear to imagine how many of us combat veterans would have already lost all control and commence to apply our skills against those who pose the greatest threat to the American people!

    2. The Seven C’s of Leadership according to a 1980 survey of 1646 of Vietnam era ground combat veterans listed of the order of their importance are; Candor, Competence, Consistency, Commitment, Courage, Compassion, and Courtesy. The reason the soldiers in the survey chose the word “candor” is because to them candor encompasses both omission and co-mission. To a combat soldier lack of absolute candor, be it co-mission or omission, are equal sins! In short, soldiers expect/demand absolute candor from their leaders before all else.

    Note: Members of Congress take note. In my opinion you on the left have proven you are masters of Co-mission, while you on the right have proven you are the masters of omission! In short, all of you have proven you are cowards and trying to instill the Seven C’s of Leadership in any of you is a waste of time!

    3. The most cost effective personnel management tool for incompetent personnel assigned to leadership positions in combat units (and probably elsewhere) is “Fragging!”

    Note: This is a forbidden subject for veterans. If you desire details send a self-addressed envelope with a note from your doctor attesting that you have the emotional strength to deal with stress.

    4. The American people are the most effectively lied to people in modern times thanks primarily to the American political class, the American bureaucracy, the American media, and American academia.

    5. Arrogance coupled with ignorance equals stupidity.

    6. The greatest threats to the American people are the corrupt and/or incompetent politicians/bureaucrats/academicians found at every level of government/academia, and the majority of the American so-called media.

    7. Most of the politicians/bureaucrats/academicians I have encountered during my years as a soldier/cop I most kindly refer to as; self-serving, witless, cowards.

    8. The American Profession of Arms and our brothers/sisters in blue have failed to protect the American people from all of their enemies, both foreign and most especially domestic.

    9. My guns were always turned in the wrong direction.

    10. Washington, DC is the most target rich environment I have encountered in all of my years as a soldier/cop.

    11. If recalled to active military service the only position I will accept is; Commander, Revolutionary Forces.

    12. There are only two primary requirements to be a career soldier and/or cop in America. One must be smart enough to do the work and dumb enough to take the job.

    13. American soldiers and police officers must in addition to mastering all of their professionally mandated tasks, learn to accomplish the same with at least one arm tied behind their backs and their vision impaired 50% or more. (Added 2019)

    14. After carefully watching the whole of the political class since Donald J. Trump walked down that escalator in Trump Tower to date, I can say without reservation that most of the group will sell their souls and our bodies just to remain in power. (Added 2019)

    Note: Sorry, not enough room herein to start to list the individual personalities whose activities will provide absolute proof of this statement.

    15. Want to see what the United States of America will look like if the left takes control of the government? Take your pick, New York City, Baltimore, Chicago, San Francisco, Los Angeles, or the complete package; California. (Added 2019)

    Soldier/Cop/Grunt, Retired
    PS

    Please, one final note: Contrary to the implications of several of my lessons learned, I have long ago abandoned any desire to negate (Negate, the procedure that the British SAS [Special Air Service] utilizes to transfer subjects from the persons of interest list to the persons no longer of interest list.) those of the any of four communities who would threaten and/or interfere with soldiers/cops actions to protect/serve the American people. No, these days I would support rounding up the most obnoxious of the communities, issuing each of them a tent and a bus ticket to California, and instructing them that if they leave California it better be on a sailboat (must consider the environment you know) heading to China!

    Like

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