Categories
Uncategorized

Biden could get around Trump’s stalling tactic pretty easily

University of Chicago Law Professor Aziz Huq writes in Politico about Trump’s bullshit lawsuit to block the National Archives from releasing White House records relevant to his failed attempt to overturn the election to the Capitol riot committee being an obvious attempt to simply stall until the Republicans can take the House back and kill the inquiry, suggesting how Biden circumvent it: “The Justice Department can seek expedited resolution of the constitutional question by seeking declaratory relief against the former president in the D.C. District Court, and then request ‘cert before judgment’ to get high court review quickly on the bounds of Article II authority.”

“A second option for Biden would be to leverage the president’s broad authority under Article II of the Constitution to decide whether and how to release classified material – i.e., not just whether to hand over a record, but over whether and how to keep specific facts confidential. As one GOP senator noted, an incumbent president has the power to ‘declassify anything at any time.’ Here, moreover, Article II authority is at a zenith because disclosure also serves Congress’ Article I interest in effective oversight. Using his constitutional power to declassify at will, Biden could order his aides to review the materials, and then disclose relevant portions to the committee staff.”

“A precedent for such broad use of the president’s declassification power comes from the Trump years. Famously, as president, Trump employed this power cavalierly to disclose classified information to Russia’s foreign minister and ambassador. Trump also pushed law enforcement and intelligence agencies to declassify details about the Russia investigation. Having so recklessly used that power, he’s hardly in a position to complain about it now. Both these approaches deal with the profound problem faced by the select committee – not Trump’s constitutional claim to executive privilege, but the strategic use of litigation to deflate the rule of law. And both have the virtue of fitting comfortably within our constitutional traditions in the process.”

Created by potrace 1.16, written by Peter Selinger 2001-2019

Tough crowd for a tired act in Kansas: Watch Live

4 hours ago

Israel’s greatest friend vows to abandon them if Netanyahu ousted

2 days ago

Neckbeard struggles through ill-advised CBS News town hall

2 days ago

Dem early voter turnout explodes in Iowa and North Carolina

3 days ago

Ashley Hinson asks fans to donate gas money for campaign bus

3 days ago

Brent crude hits $109 a barrel

3 days ago

“Maybe it’s not for her”: Trump on Pizzagate Kate

3 days ago

When will Mehmet Oz denounce Kid Rock’s Islamophobic hatred?

3 days ago

Surprise! Team Orange came up empty on Omar’s status in 2019

4 days ago

Complete piece of shit Trump/Epstein pal fired from regime

4 days ago

Pizzagate Kate’s bad time on Hannity’s insanity hour

4 days ago

President gets head start on precriminations

4 days ago

Matt Gaetz responds to sex trafficking lawsuit by doxxing plaintiff

4 days ago

FBI statement on suspicious mail gives away the targets

5 days ago

Orange Overlord changes execution to private, invite-only affair

5 days ago

Fox News ends clip before morose reaction to their own poll

5 days ago

Jim Jordan eyes House GOP championship belt

5 days ago

Regime trying to denaturalize and deport Ilhan Omar

5 days ago

MAGAmericans blame Democrats for inflation

5 days ago

Netanyahu backs off any new pre-election day Iran attacks

5 days ago

September inflation beats expectations

6 days ago

WATCH LIVE: Haggard old bag of shit limps into Alaska

6 days ago

Chickenshit tells Houthis to do whatever they want for three weeks

7 days ago

Tepid reviews for Zacharia inside Trump Regime

7 days ago

Kim Guilfoyle fired

7 days ago

Pizzagate Kate’s debut as Regime Info Minister: Watch Live

7 days ago

MAGA PACs pull plug on GOP incumbents

7 days ago

Paxton partied in Dubai with fugitives wanted in US

1 week ago

WATCH LIVE: Orange Scumbag campaigns in Ohio

1 week ago

Trump “looking at” firing Kim Guilfoyle

1 week ago

Russian bots taken offline by Ukrainian strikes on data centers

1 week ago

“Look what The New York Times did to my beautiful Doral”

1 week ago

DHS raids Ilhan Omar’s home

1 week ago

Chuck Grassley files 2028 reelection paperwork

1 week ago

Neurodivergent Mormon disclaims agency over US energy supply

1 week ago

Orange Satan’s approval rating new all-time Pew record low

1 week ago

“In actuality, I should have won 8 Nobel Peace Prizes, not just 1”

1 week ago

Vote Republican if you’re mad Trump lost the Nobel Peace Prize

1 week ago

President celebrates bribe from murderous tyrant

1 week ago

ABC News claims embarrassing premature pubaculation on story about Trump boys’ looting of Pentagon with no-bid contracts

1 week ago

WATCH LIVE: Declining dictator turns the racism up another crank

2 weeks ago

Nobel tears and butthurt outsourced to dipshit MAGA lawyer

2 weeks ago

“We wasn’t aware the child was in the car”

2 weeks ago

Paxton told donors that Cornyn “wants me to lose”

2 weeks ago

Trump loses Nobel Peace Prize to South African activist

2 weeks ago

WATCH LIVE: Michigan and Georgia debate double header

2 weeks ago

Saggy-breasted old slob trying to incite a race war

2 weeks ago

Regime currently attempting to indict Cassidy Hutchinson

2 weeks ago

Super intelligent president designates new enemies

2 weeks ago

Jaydee’s sophistry muscles clearly pretty worn out

2 weeks ago

x
x
x
x
x
x