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Politics Schiff lobbies Chief Justice Roberts to rule on questions of executive privilege

01:05  25 january  2020
01:05  25 january  2020 Source:   news.yahoo.com

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Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the

Raab called it a "denial of justice ." The US had rejected the extradition request, and Pompeo's department said that Anne Sacoolas, as a diplomatic spouse, enjoyed immunity from prosecution. Schiff lobbies Chief Justice Roberts to rule on questions of executive privilege . Yahoo News.

WASHINGTON — Rep. Adam Schiff, the lead House prosecutor, called on Chief Justice John Roberts to expedite rulings on any disputes between Congress and President Trump over witness testimony and documents, if the Senate votes to allow them.

Adam Schiff, Jerrold Nadler standing next to a person in a suit and tie: Lead House impeachment manager Adam Schiff addresses the media Friday. (Photo: Jacquelyn Martin/AP)© Provided by Yahoo! News Lead House impeachment manager Adam Schiff addresses the media Friday. (Photo: Jacquelyn Martin/AP)

“We have a very capable justice sitting in that Senate chamber empowered by the Senate rules to decide issues of evidence and privilege,” Schiff, the Democratic congressman from California leading the case for impeachment, told reporters prior to the last day of opening arguments for the House impeachment managers.

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Schiff indicates that Democrats will try to get Chief Justice Roberts to make a ruling on the executive privilege arguments. After having been treated unbelievably unfairly in the House, and then having to endure hour after hour of lies, fraud & deception by Shifty Schiff , Cryin’ Chuck Schumer

For Chief Justice John G. Roberts Jr., the trial should be a reminder as to what the courts are facing in the Trump era. Roberts typically operates in the serene world in which lawyers cannot misrepresent the record without fear of harsh rebuke; in which legal arguments must be grounded in a fair reading of

Republicans have said over the past day or so that one reason to vote against subpoenas for documents and witnesses in the trial is that it would drag out the process too long, because Trump would claim executive privilege and the matter would get bogged down in the courts.

Sen. Lisa Murkowski, who is considered one of the key swing votes on the issue of additional evidence, echoed these talking points in comments to reporters on Thursday, faulting the House for not pursuing the matter in the courts and raising doubts that she will vote to authorize Senate subpoenas.

Schiff called the Republicans’ argument “the last refuge of the president’s team’s effort to conceal the evidence from the American people.”

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Chief Justice Roberts makes only rare public appearances, and the Supreme Court does not allow camera coverage of its arguments. Chief Justice Roberts then spoke up, saying that he expected more of the institution he was visiting, which likes to call itself “the world’s greatest deliberative body.”

Schiff lobbies Chief Justice Roberts to rule on questions of executive privilege . Yahoo News. Trump touts logo for new Space Force, with nod to Star Trek. Member of Trump’s defense team discusses why Trump didn’t just ask Justice Department to investigate Bidens.

And Schiff publicly lobbied the chief justice, leaning into an argument that Roberts, who is presiding over the trial, can and should weigh in if and when such a showdown between the legislative and executive branches occurs.

“We have a justice who is able to make those determinations, and we trust that the chief justice can do so,” Schiff said.

His use of the word “trust” was an indication that Roberts’s intervention is not a certainty, and some observers of the chief justice believe he may seek to avoid involvement in any disagreements of substance.

Ryan Goodman, a law professor at New York University and editor in chief of its Just Security website, said Roberts’s intervention was “uncertain.”

“The rule allows him to not render a decision first and instead submit it back to the Senate,” Goodman said.

Ira Goldman, a longtime House and Senate staffer, said, “Roberts has the gavel. He can do all sorts of things. … I’m waiting for him to do something to get a read on what he might do when it gets serious.”

Democrats predict speedy court victory in impeachment witness battle

  Democrats predict speedy court victory in impeachment witness battle Senate Democrats believe they can quickly win a court fight if President Trump attempts to use executive privilege to block witness testimony, they told reporters Friday. “There could be a litigious argument, but I think it will be dismissed rather quickly,” Senate Minority Leader Chuck Schumer, a New York Democrat, said Friday when asked about a protracted court battle to get witnesses to testify at Trump’s impeachment trial. “They would be given very prompt judicial review given the urgency in the stakes of an impeachment trial.

Schiff lobbies Chief Justice Roberts to rule on questions of executive privilege . White House accused by the U.K. of a 'denial of justice ' after refusing to extradite a diplomat's wife accused of killing a British teenager.

Schiff lobbies Chief Justice Roberts to rule on questions of executive privilege . Yahoo News. Member of Trump’s defense team discusses why Trump didn’t just ask Justice Department to investigate Bidens.

Schiff also acknowledged that even if the chief justice were to rule against Trump’s claims of executive privilege, the Senate could overrule him with a 51-vote majority.

But, he said, “what the president’s team fears … is that the justice will in fact apply executive privilege to that very narrow category where it may apply, and here that category may be nowhere at all, because you cannot use executive privilege to hide wrongdoing or criminality or impeachable misconduct.”

As Republicans have pointed out, the president’s lawyers could try to interfere with a decision that goes against them in the Senate by dragging the matter into federal court. Once there, however, they would have a hard time persuading the courts to hear their objections on the merits.

“There is no review of the presiding officer’s rulings other than by the Senate itself,” the conservative attorney and Trump critic George Conway wrote on Twitter last November. “And everything the Senate does you should assume to be judicially unreviewable.”

Goodman agreed, saying that if the Chief Justice ruled on the question of executive privilege and Trump’s lawyers tried to appeal that ruling, “the federal courts will turn [the president] away.”

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Amy Davidson Sorkin writes about Chief Justice John Roberts ’s admonishment of both the House Roberts reminded both the House managers and Trump’s lawyers to avoid using language “that is not The squabble began as Nadler made the case for an amendment to the trial rules that Majority

' Executive privilege and other nonsense.' Sekulow questioned , quoting Nadler. "So, I guess when President Obama instructed his attorney general to not give information, he was guilty of a crime? Chief Justice John Roberts "I think it is appropriate at this point for me to admonish both the House

a man sitting at a desk in front of a curtain: Chief Justice John Roberts presiding during the impeachment trial against President Trump on Thursday. (Screengrab: Senate TV via AP)© Provided by Yahoo! News Chief Justice John Roberts presiding during the impeachment trial against President Trump on Thursday. (Screengrab: Senate TV via AP)

“The only question is how quickly,” he added, noting that even a decision to toss the president out of court could end up winding its way through the appellate courts.

The ultimate outcome of such an appeal, Goodman said, is likely not in doubt.

“At the end of the day,” Goodman said, “all that litigation ends up at the Supreme Court, where the Chief Justice who signed the subpoena would be the swing vote, so the result likely would be foreordained.”

Senate Democrats have asked that four new witnesses be called during the impeachment trial: Mick Mulvaney, acting White House chief of staff; John Bolton, former national security adviser; Michael Duffey, Office of Management and Budget associate director for national security; and Robert Blair, senior adviser to the acting White House chief of staff. Republicans have warned that those subpoenas would be opposed by the President with claims of executive privilege.

Senate Minority Leader Chuck Schumer, D-N.Y., said Friday that the executive privilege assertion would not apply to Bolton.

“Mr. Bolton already announced he'd testify if the Senate issued a subpoena,” Schumer told the press. “He's not in the Executive Branch. So executive privilege cannot be used against him because it can’t be used to prevent a witness who’s willing to testify.”

Warren puts Justice Roberts in awkward spot with Supreme Court legitimacy question

  Warren puts Justice Roberts in awkward spot with Supreme Court legitimacy question Sen. Elizabeth Warren (D-Mass.) introduced a seemingly awkward dynamic into the impeachment proceedings when she asked if Republicans' likely refusal to allow new witnesses in President Trump's trial would diminish trust in the chief justice or the Supreme Court."The question from Senator Warren is for the House managers," Roberts began."At a time when large majorities of Americans have lost faith in government, does the fact that the chief justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the chief justice, the supreme court, and t

The chief justice is facing a choice between letting the court support a lawless Republican administration or trying to achieve his goal of keeping the court from appearing too partisan to most Americans.

Chief Justice Roberts delivers rebuke to House managers, lawyers for President The proposal would have amended the trial rules offered by Senate Majority Leader Mitch McConnell, R-Ky Then, Trump attorney Jay Sekulow hammed Nadler for suggesting that executive privilege , a longstanding

Whether the president can use executive privilege to stop a voluntary witness like Bolton from telling senators all he knows, or whether Schumer’s argument will prevail, is among the key issues that Rep. Schiff is publicly lobbying Chief Justice Roberts to decide.

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Mic fight? Nadler appears to rush ahead of Schiff to offer closing remarks .
"Jerry, Jerry, Jerry," Schiff, the lead impeachment manager, can be heard calling after him.The moment came after Chief Justice John Roberts read the final question from Sen. Amy Klobuchar, D-Minn., which asked House managers to give senators any additional thoughts before the trial adjourned for the evening.

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