Pelosi Gaslighting Continues – False Claims: Administration “defying lawful subpoenas & document requests”…

Nancy Pelosi continues to mislead her ‘impeachment’ constituents.  Unfortunately the compliant media is refusing to hold her accountable.  House Democrat leadership has taken a climate assessment of democrat House members and Speaker Pelosi announced they will not hold a House impeachment authorization vote.   As a direct and specific consequence all committee subpoenas do not carry a penalty for non-compliance.

(Source)

“Lawful subpoenas”, literally require an enforcement mechanism; that’s the “poena” part of the word.  The enforcement mechanism is a judicial penalty, and that penalty can only be created if the House votes to authorize an impeachment inquiry.

Absent a vote to authorize, the Legislative Branch has not established compulsion authority (aka judicial enforcement authority), as they attempt to work through their quasi-constitutional “impeachment inquiry” process.

Instead of subpoenas, Adam Schiff (House Permanent Select Committee on Intelligence); and Chairman Eliot L. Engel (House Committee on Foreign Affairs) can only send out request letters. The compliance is discretionary based on the outlook of the recipient.

It is likely, highly likely, Nancy Pelosi does not have the votes to proceed with a full House impeachment authorization; so Pelosi, Schiff, Engel and Cummings have to rely on the duplicity of the media to help them hide their scheme. So far the media is complying.

Speaker Pelosi & Lawfare’s impeachment scheme can only succeed with a compliant media protecting it.  So far the media has been entirely compliant in not explaining the fraudulent basis for the construct.  If the media would ask questions the fraud would collapse.

Adam Schiff has to hide his hearings because the foundation of the impeachment fraud is to create a public impression.  There is no structural impeachment process or guideline being followed.  The committee leadership are using the closed door hearings to leak information to the media to create the needed narrative.

A legislative “letter” or demand request 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 the Judiciary Committee 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.

Speaker Nancy Pelosi and her Lawfare allies can change House rules (they did). Pelosi and Lawfare can also change House impeachment rules (they did). Pelosi/Lawfare can change committee rules (they did); and in doing so they can remove House republicans from the entire process… Which They Did.  However, what Lawfare and Pelosi cannot change is The U.S. Constitution, which they are destined to collide with.

Speaker Pelosi’s ‘Lawfare House rules‘ and/or ‘Lawfare impeachment rules‘ cannot supersede the constitutional separation of powers.  She is well aware of this.  Nancy Pelosi cannot decree an “official impeachment inquiry”, and as a consequence nullify a constitutional firewall between the Legislative Branch and Executive Branch.

Pelosi’s impeachment scheme requires a compliant media to support her construct.  So far, they have.

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This entry was posted in Big Government, Big Stupid Government, Deep State, Dem Hypocrisy, Election 2020, Impeachment, Legislation, media bias, Nancy Pelosi, President Trump, propaganda, Supreme Court, Typical Prog Behavior, Uncategorized. Bookmark the permalink.

137 Responses to Pelosi Gaslighting Continues – False Claims: Administration “defying lawful subpoenas & document requests”…

  1. A2 says:

    I suggested here before that Speaker Pelosi often does not chair sessions of the House and selects a proxy. That confirms she spends most of her time making mischief elsewhere.

    Her scorecard for 2018, 115th Congress is in. Pretty damning if you read it. She is a no show do nothing politician. At least when it comes to doing the People’s business. She gets a 0 score in most categories. No wonder they chose her for Speaker.

    So when the President called her out, he was right on the money.

    Read more here. It is worth it.
    https://www.govtrack.us/congress/members/nancy_pelosi/400314/report-card/2018

    Liked by 4 people

  2. Magabear says:

    So I assume no reporter has asked Nancy why she hasn’t ask the courts to enforce her “subpeonas”? Even a cub reporter at a small town newspaper would have that lightbulb come on inside their head.

    Liked by 3 people

    • A2 says:

      Yes indeed.

      I call it the impeachment that’s not an impeachment and subpoenas that are not subpoenas.

      The enquiry is essentially the DNC 2020 campaign run out of Congress and paid for by American taxpayers, all of them.

      Nice gambit since they are out of dosh and save having to pay the dirt digging consultants for their talking points.

      Liked by 1 person

  3. kayray444 says:

    So if they do t have the authority, other than a biased political one why does the Senate have to take it up at all and participate? And if they do and vote to impeach can PT take it to court as unlawful?

    Like

    • Deb says:

      We should all be calling our Senators and letting them know we know this is unlawful. If they go along with it, they are stupid, corrupt, or both. Let them know we are aware.

      Liked by 1 person

  4. Ospreyzone says:

    Yes. We must keep the pressure on these snakes. It’s the least we can do for our President.

    Liked by 1 person

  5. POTUS must make it 100% clear that any executive branch employee responding to the “subpoena” will be immediately dismissed for cause and have their desk emptied by the time they are done speaking to Schiff in the secret room.

    Liked by 1 person

  6. cali says:

    Did you know that Pelosi and her gang travelled to Ukraine this past weekend? Neither did I and I suppose the media didn’t report it either!

    They sent numerous subpoena requests to the Pentagon as well only to be rebuffed. The Pentagon did not comply stating that unless the process via a vote takes place the requests are invalid.
    So there!

    Now for some real Ukraine news and reported by Gateway Pundit:

    The mansion of former Ukrainian president Poroshenko was raided this past weekend and columns of trucks were seen leaving the property.
    A close advisor to Poroshenko was arrested 2 days prior while a host of others present were also arrested. Some managed to flee.
    Based on intelligence and the prosecutor They are accused of corruption and massive embezzlement and money laundering in the 100’s of millions of dollars via the IMF.
    Poroshenko himself is also unofficially guilty of war crimes.

    How much longer will Schiff and Pelosi continue this fasade accusing the president violating the law when you read a report such as this.

    BTW – Joe Biden was the front man in Ukraine for Poroshenko!

    That begs the question whether this was one of the 10 cases not to be investigated? I wonder why? How many and who from the Hussein gang and HRC et al had their hand in this cookie jar?

    “Hundreds of millions of dollars in aid monies” embezzled!

    TSHTF – its about to start!

    Liked by 1 person

  7. Scott says:

    I have a request on behalf of some of us President Trump supporters who don’t have enough time to devote for taking advantage of all the wonderful research done by Sundance, as well as the incredibly insightful comments by CTH readers. In the article above, Sundance said “If the media would ask questions, the fraud would collapse.” While this may come across as being lazy or not devoted enough to spend the time, I assure you it is not. My request is for Sundance or any of the dedicated and highly educated readers to “dumb it down for me”. Give me a list of 5-10 poignant, yet concise questions to spread around through personal contact, or social media, or news blogs, or direct questions to Congressmen and women. Some of us need a cheat-sheet, a Cliff Notes version so we can help. Thank you in advance if you see fit to do so.

    Like

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