Opinion: The House Can Play Hardball, Too. It Can Arrest Giuliani. - - PressFrom - US
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Opinion The House Can Play Hardball, Too. It Can Arrest Giuliani.

18:05  10 october  2019
18:05  10 october  2019 Source:   nytimes.com

House subpoenas Rudy Giuliani for Ukraine documents as part of impeachment inquiry

  House subpoenas Rudy Giuliani for Ukraine documents as part of impeachment inquiry Democrats are demanding he turn over Ukraine-related documents by Oct. 15"Pursuant to the House of Representatives' impeachment inquiry, we are hereby transmitting a subpoena that compels you to produce the documents set forth in the accompanying schedule by October 15, 2019," the letter from House Intelligence chair Adam Schiff, Oversight chair Elijah Cummings and Foreign Affairs chair Eliot Engel says.

In his letter to House leadership, the White House counsel, Pat Cipollone, drew a line in the sand: The administration will not “participate in” the impeachment proceedings in any way. The odd language of “participate in” — presidential impeachment is not meant to be a collaboration between Congress and

The French hate the Americans. The Americans loathe the French. Developing countries wonder what on earth is going on. The spat within Nato over what to do about Saddam Hussein? No, this is an issue that it would take more than one Hans Blix to sort out - the Doha round of trade talks.

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

  The House Can Play Hardball, Too. It Can Arrest Giuliani. © Damon Winter/The New York Times

In his letter to House leadership, the White House counsel, Pat Cipollone, drew a line in the sand: The administration will not “participate in” the impeachment proceedings in any way. The odd language of “participate in” — presidential impeachment is not meant to be a collaboration between Congress and the president — obscures the central thrust of the letter: The White House is refusing to respond to any subpoenas or other demands for information from the House.

Graham says he'll invite Giuliani to testify about Ukraine

  Graham says he'll invite Giuliani to testify about Ukraine Sen. Lindsey Graham (R-S.C.) said on Tuesday that he will invite President Trump's personal lawyer Rudy Giuliani to testify before the Senate Judiciary Committee about Ukraine. "I will offer to Mr. Giuliani the opportunity to come before the Senate Judiciary Committee to inform the committee of his concerns," Graham said in a string of tweets.

Trump plays by no rules—which means that House Democrats cannot afford to play by the old rules if they hope to obtain likely damning evidence of corruption that Trump will fight to suppress. The response of presidents to congressional investigations has seldom been cheerful.

To play hardball means you are going to get really serious. To not hold anything back. To go all-out.

Of course, other administrations have fought with Congress over access to information, but those fights have centered around clearly articulated objections, supported by legal reasoning, to turning over specific documents or allowing specific officials to testify. The Trump administration’s wholesale refusal to treat congressional information demands as legitimate is so different in degree as to become different in kind.

It might seem like the White House has the House of Representatives over a barrel. If the president simply refuses to engage, what can the House do? How does a chamber of Congress go about wringing information from an unwilling executive branch?

Giuliani outlines conditions for possible cooperation on impeachment inquiry

  Giuliani outlines conditions for possible cooperation on impeachment inquiry President Trump's personal lawyer Rudy Giuliani on Wednesday outlined his potential conditions for cooperating with House Democrats in their impeachment inquiry into Trump.Giuliani said in an interview with Hill.TV that he may try to invoke attorney-client privilege if the House moves forward on impeachment."I would sit down with my client and with the other lawyers and we'd discuss attorney-client privilege," Giuliani said on Hill.TV'sGiuliani said in an interview with Hill.TV that he may try to invoke attorney-client privilege if the House moves forward on impeachment.

The White House told House Speaker Nancy Pelosi on Tuesday that it would not be participating in her impeachment inquiry and would not comply with congressional subpoenas.

But that was Inlet House before the rats started chewing through the toilet seats in vacant units and sewage started seeping from the ceiling. In the past, housing associations have gained infamy for dictating everything from the weight of your dog (one mandated a diet for a hound) to whether you can

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Let’s get one thing out of the way at the outset: The answer is unlikely to be found in a courtroom. That’s not to say that the House probably wouldn’t win on the merits. Most of the administration’s arguments are risible, and even many Republican judges will have trouble swallowing them. Indeed, when the George W. Bush and Barack Obama administrations raised significantly more plausible objections to congressional subpoenas, the courts sided with the House, ordering the executive to turn over the vast majority of the subpoenaed material.

But those court battles took years. Courts could expedite proceedings to an extent, but thus far they have shown themselves in no hurry to render final judgments in these disputes. And a court “victory” coming in 2021 or 2022 is no victory at all for the House — even assuming that the Trump administration would comply with a court order when it refuses to comply with a congressional one.

Giuliani's relationship with arrested men subject of criminal investigation: Sources

  Giuliani's relationship with arrested men subject of criminal investigation: Sources The business relationship between Rudy Giuliani and men charged in a campaign finance scheme is a subject of the ongoing criminal investigation.The investigation became public after the FBI had to quickly move to arrest Lev Parnas and Igor Fruman before they boarded a flight out of the country from Washington Dulles Airport with one-way tickets. They have been named as witnesses in the ongoing impeachment inquiry into President Trump.

But that was Inlet House before the rats started chewing through the toilet seats in vacant units and sewage started seeping from the ceiling. In the past, housing associations have gained infamy for dictating everything from the weight of your dog (one mandated a diet for a hound) to whether you can

Questions surround Rudy Giuliani ’s ties to the FBI. Did information about an FBI investigation over Secretary Clinton’s use of a private server get leaked?

So what should the House do instead? Let me suggest two ways that it can play some constitutional hardball of its own, matching the White House’s aggressive tactics.

Refusal to comply with a duly authorized subpoena from Congress constitutes contempt of Congress. Contempt of Congress is a crime, and there is a mechanism for referring such cases to federal prosecutors. The problem, of course, is that federal prosecutors answer to the attorney general and, through him, to the White House, and they refuse to prosecute contempts committed by executive officials. In recent decades, congressional houses have sought a court order requiring executive officials to comply with their subpoenas, but that has all the problems described above.

The House should instead put back on the table the option of using its sergeant-at-arms to arrest contemnors — as the person in violation of the order is called — especially when an individual, like Rudy Giuliani, is not an executive branch official. Neither house of Congress has arrested anyone since 1935, but it was not uncommon before that point (and was blessed by the Supreme Court in 1927). Indeed, on at least two occasions, the second in 1916, a house of Congress had its sergeant arrest an executive branch official. (In that case, the Supreme Court eventually ruled against the House, not because it did not have the power to arrest for contempt, but rather because the offense — writing a nasty public letter to a House subcommittee — could not properly be understood as contempt of Congress.)

Trump says Giuliani is still his lawyer

  Trump says Giuliani is still his lawyer President Trump confirmed Saturday that Rudy Giuliani remains on his legal team amid rumors in Washington that the president had dropped Giuliani over a federal investigation into his activities.In an interview on Fox News, Trump told host Jeanine Pirro that Giuliani had his full support despite an ongoing investigation by federal prosecutors in Manhattan into his activities in Ukraine."There is some confusion as to whether or not you still consider him your attorney. Is he your attorney?" Pirro asked."Yes, and he's a great gentleman, he was a great mayor, one of the greatest, maybe the greatest mayor in the history of New York," Trump responded.

White House vowed to send her a letter arguing the president can ignore Democrats' demands in impeachment inquiry until House votes on the matter. 'We have not received any such correspondence,' a senior congressional aide in her office told DailyMail.com. White House did not

Rudolph William Louis Giuliani (/ˌdʒuːliˈɑːni/, Italian: [dʒuˈljaːni]; born May 28, 1944) is an American politician, attorney, businessman, and public speaker who served as the 107th Mayor of New York

Facilities in the Capitol or one of the House office buildings can be made into a makeshift holding cell if necessary. Of course, arrestees will ask the courts to set them free, but the case should be relatively open-and-shut against them: They will have committed a contempt in refusing to turn over subpoenaed materials, and the House has the power to hold contemnors. Moreover, time would work in the House’s favor here: The unpleasantness of being in custody while the issue was being litigated might make some contemnors decide to cooperate.

The House arresting someone would be explosive and clearly should not be undertaken lightly. But the very explosiveness of it would be a way for the House to signal the seriousness of White House obstructionism to the public. Moreover, having arrest as an option of last resort might also make less extreme options more palatable.

One of those less extreme options would be using the power of the purse. The government is currently funded through Nov. 21. There is nothing stopping the House from putting a provision in the next funding bill that zeros out funding for the White House Counsel’s Office. House leadership could announce that, so long as the counsel’s office is producing bad legal argumentation designed for no purpose other than protecting the president from constitutional checks, the American people should not have to pay for it.

Giuliani says he won't comply with subpoenas from Democrats

  Giuliani says he won't comply with subpoenas from Democrats Rudy Giuliani said Tuesday that he won't comply with a congressional subpoena for documents and communications related to House Democrats' impeachment inquiry.Giuiliani, who is President Trump's personal attorney, told ABC News that he will "see what happens" if Democrats enforce the subpoena. The deadline for complying is Tuesday.Giuliani had hired former Watergate attorney Jon Sale as counsel in the case, but he told ABC that he is parting ways with Sale.Giuliani and Sale did not immediately respond to requests for comment from The Hill.

"Obama out:" President Barack Obama's hilarious final White House correspondents' dinner speech - Продолжительность: 32:37 Global News 30 361 338 просмотров. 'I wouldn't cooperate with Adam Schiff': Giuliani | ABC News - Продолжительность: 14:54 ABC News 163 064 просмотра.

White House counsel Pat Cipollone issued a scathing eight-page letter. 'Put simply, you seek to overturn the results of the 2016 election and deprive the American people of the President they have freely chosen,' he wrote. The epistle could be read as the White House 's declaration of political war.

Of course, the Senate could try to strip that rider, or President Trump could veto the bill, but if the House held firm, their choice would be to mollify the House by turning over subpoenaed information, accept the defunding of the counsel’s office, or accept the partial government shutdown that would come with failure to pass the appropriations bill.

In the end, whether the House wins that fight, like whether it wins a fight over arresting a contemnor, would be a function of which side best convinces the public. But President Trump is deeply unpopular, and the public supports impeachment. If necessary, the House should be willing to have these fights.

Josh Chafetz (@joshchafetz) is a professor of law at Cornell, a visiting professor of law at Georgetown, and the author of “Congress’s Constitution.”

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Another man is arrested in probe of Giuliani associates .
A Florida man wanted in a campaign finance case involving associates of Rudy Giuliani is in federal custody. © Siavosh Hosseini/NurPhoto via Getty Images Two other associates linked to Rudy Giuliani were arrested last week. Federal authorities say they took David Correia into custody Wednesday at Kennedy Airport in New York City.Correia is named in an indictment with two Giuliani associates arrested last week on charges they made illegal contributions to a congressman and a political action committee supporting President Donald Trump.Giuliani is Trump's personal lawyer.

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