WebsterMark
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Exerts from a Jonathan Turley column on the topic:
At one time, Democrats were aghast at those who might defy congressional subpoenas.
President Biden maintained that defying subpoenas cannot be tolerated. When subpoenas were issued to Republicans during the House’s Jan. 6 investigation, Biden declared: “I hope that the committee goes after them and holds them accountable criminally.”
Two Trump associates – Steven Bannon and Peter Navarro – refused to appear in the House and were quickly held in contempt by a majority of the House, including Swalwell.
In 2021, Hillary Clinton mocked Bannon’s indictment for contempt of Congress by saying that she planned for a “restful” weekend as he prepared for possible conviction.
It is an ironic moment. The Clintons are adopting the Bannon strategy that led to his conviction.
At the time of Bannon’s charge, I noted that all he had to do was appear and invoke his Fifth Amendment right to remain silent. The Committee would then have had to issue an immunity grant to compel any testimony. The worst thing that you could do is not appear.
That is precisely what the Clintons just did.
What is most striking is the lack of any effort to come up with a cognizable defense. The Clintons simply chose open defiance. For those who have denounced a two-tier justice system, there is nothing more entitled and privileged than this letter. Such rules do not apply to the Clintons, who feel that they have the license to decide when they will appear.
They are wrong and, like Bannon, left themselves no viable legal defense. They are simply asserting a type of de facto Clinton immunity that could leave even a sympathetic federal district court judge with no real alternative to trial. David Kendall is an experienced lawyer and perhaps he will reveal a legal defense that escapes me. For the moment, I am baffled by the legal strategy. Indeed, I see no intelligible legal strategy at all in effectively saying that “we simply do not feel like it.”
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