Constitutional Crisis?

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Thanks so much for listening today on the podcast, if we're in a constitutional crisis. What next the rhetoric has amped up from House Democrats, specifically House Judiciary committee chairman Jerry Nadler of New York and now this morning just a short while ago. Nancy Pelosi the speaker of the house said that she agrees with Jerry Nadler that we are in the midst of a constitutional crisis. Here is speaker Pelosi this morning. Yes. I do agree with chairman Athere because. The administration has decided that they are not going to honor their oath of office. Now, he's staked out because he has seen so much in the committee. The committee work, I'm very proud of the judiciary committee in the work that they have done and some of timing of one. We're ready will come to the floor. And we'll just see because there may be some other contempt of congress. Issues that we want to deal with at the same time. And he wants to do it as soon as possible. And so we now in addition to agreeing with chairman Adler that we're in a constitutional crisis that as Nancy Pelosi's at the Trump administration, the president himself sees absolutely no value in the three Coequal branches. Does not seem from her point of view to be upholding the oath of office that he took on the west front of the capitol in January twenty seventeen where he swore to uphold and defend and protect the constitution. Obviously, the president would disagree with that. But here is where we're now at you've got a complete stonewall operation from the Trump administration. They don't want to give Democrats an inch on Capitol Hill. This I think is what you would expect for most administrations versus congress especially of opposite parties. But obviously, the Trump administration sort of made a blanket sort of rule around this now, which is like your. Getting nothing you've got a subpoena from the Senate the Republican controlled Republican controlled Senate intelligence committee subpoenaed, Donald Trump junior to come back and talk about perhaps some discrepancies between what's in the middle report. And what he initially told the Senate Intel committee when he was before there that seems by all the public statements from Donald Trump junior team to not going to get cooperation of any sort. You've Bill Barr voted by the House Judiciary committee yesterday to be held in contempt. That vote is something that will go on to the full congress. And you heard speaker Pelosi say this morning, the reason she's not rushing the Bill bar contempt. Add a committee to the floor for a vote on contempt is that there may be others that need to be held in contempt. So there is no doubt that there is real pressure being applied to the to the nature of the constitutional structure of Coequal branches. Now, the judiciary is not wait in here yet. So we are talking about executive versus legislative branch oversight versus and assert an assertion of executive privilege. What I heard to my ear. What Nancy Pelosi advanced today that I thought was particularly interesting was that she seemed to create a new real red line. That's going to escalate things pretty quickly. If Bob Mueller, the special counsel is prevented from testifying before congress, you know, two years of investigation, a full detailed report on potential collusion or obstruction. And. A blockade around him now, which is a complete reversal from where the president was from where Bill bar was just a couple of weeks ago in allowing Bob Muller testify. Now, there will be questions, of course, of Bob Muller is still currently an employee of the department of Justice do things change when he is no longer employees again things will be fought out. But this is not White House counsel. Don, mcgann. This is not a cabinet member. This is the special counsel. Now, I will say this is one of the key differences that we see now about the expiration of the old law governing the office of independent counsel. What Ken Starr was in one thousand nine hundred eight because Bob Mueller is in the direct line of reporting to the attorney general. That was not the case with Ken Starr. Now. Nobody liked the independent counsel. Odd seemed on Capitol Hill. Democrats Republicans have really let it expire. But it is in a moment like this where you can understand the need for an independent counsel versus a special counsel in terms of getting public testimony out of that figure who is the one who is more steeped in every single investigative banner that has occurred than anybody else. So. Speaker Pelosi seemed to say if most prevented from testifying we're going to be in a whole new world. Now, I don't know you can't now it's an ultra constitutional crisis. I mean, the problem is when you declare a constitutional crisis going on in the country, you sort of have nowhere to go. And this is my point now earlier in the week on the podcast. I went through the political conundrum that Democrats face over impeachment. And where the public is in the polls and all that. But this to me raises a big question if we're gonna see week by week another cabinet official held in contempt more refusal from the administration to give any documents or provide any testimony a refusal to allow Bob Muller to testify if we see Democrats continuing to hold hearings and ask for things if we see Democrats opening up new avenues of investigation at a certain point. The Democrats in charge of the house are going to have to explain to the country and to their voters that delivered them the majority. Why not impeachment? Because again, put the politics aside. I know I that's hard for me to do here. I tend to see everything through political ends put the politics that it's unpopular may be bad for Democrats aside, if you're saying we're in a constitutional crisis. If steadying is out there saying, you know, we're gonna follow all these steps. And if it leads up to impeachment so be it Nancy Pelosi says to this has to be methodical. She says you can't impeach for political reasons. Just because you don't like the president or you want to get them. You also can't not impeach for political reasons speaker Pelosi says, and I'm so curious to see how she's going to get there. Because if the idea is that you're gonna constitutional crisis. You keep attempting ways to get information or do your oversight function. They are thwarted that is the ultimate tool that the constitution has in its framework for the congress to be a check on the executive that actually is the ultimate tool and so. May be politically unpopular. But if speaker Pelosi prevents the Democrats from going there at a certain point, what is all of this that they are building. To what logical end is. This are the Democrats just gonna throw up their hands and say, okay, the Trump administration didn't give us anything in. So we're going to go home and focus on other things now, and that seems also politically perilous for them because it will deflate their base in many ways. So you hear speaker Pelosi agreeing in a constitutional crisis. You also hear her today sort of setting a new red line on Muller testifying is going to be a bit of a red line here in terms of really escalating tensions of if that doesn't happen. And you hear from the president at his rally last night. How much he wants to use this how how politically successful he thinks eight is to run against the Democrats in congress who just won't stop after years of investigation after he was cleared by Muller embar, they just keep going, and that is going to be a galvanizing call for Donald Trump and his supporters. And so for add a complete loggerheads. And if you believe it is truly a crisis. I'm not sure it is yet. But let's take Jerry Nadler. And speaker Pelosi's words added for the moment, my question back at that point that sort of hangs out there is so where to from here if you've already kind of ruled impeachment, not you haven't said, it's off the table. But ruled it as politically undesirable thing to do where to from here. How do the Democrats get out of what they have declared is a crisis that to me is a question that now sort of hovers over their heads as they go down these roads, which I'm not argue, I don't even argue that they're not justified. There may be real good evidentiary fact base reasons to pursue these investigations. But politically where to from here. That does it for this edition of the daily DC. Thank you all so much for listening. Hope you'll tune in again right here tomorrow.

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