Why didn’t the Democrats try to lawfully get the judicial branch to resolve executive privilege

They can go as fast as they want, they just ain’t getting their witnesses without a court order.

I have no idea why a democratic controlled house’s failure to get witnesses through subpoenas would think the senate could get witnesses through subpoena.

they are the ones who refused to come to the senate with a court order, now they don’t get their witnesses. Too bad, so sad. Next time do it right, go ahead and restart the impeachment Democrats that will be so popular with Americans!

 

LOL you realize the democratics basically decided to charge someone before the result is even in.

this is like charging someone with murder based on DNA evidence when the lab results for whose DNA it is hasn’t come back.

Congress decided to say it is illegal for Trump to use executive privilege to block testimony, before we even know if it’s illegal.

Congress needs to be impeached for falsifying impeachment articles if the court returns a decision that executive privilege applies, and the Democrats that voted for the article needs to be arrested and jailed

 

Lose the House? By election time, if this keeps, up there wont be a Republican left in the house. They will all be retired.
You should be out working with the "light" state making fake birth certificates for Russians so you don't lose the Senate.

 

I think Pelosi is holding the articles back so her Allies in the media can exert more pressure on the Republican Senator through negative media stories. The hope being that with enough stories there will be such a public clamoring for it. See the story about the Media getting Duffy's email

 

No it's more like charging him before the rest of the gang has confessed.
There is precedent that says Trump should produce documents.

 

What would happen if Schumer and the Democratic leadership in the Senate followed Republican advice and the advice of Trump's fans and decided to let the courts decide on the legitimacy of subpoenaed witnesses like Mulvany and Bolton while adding Pompeo and Giuliani to the list?

If Schumer and the Democratic leadership decide to wait on the courts, in accordance with Republican wishes, the Senate trial might happen some time around November 3, 2020.

 

Or get the witnesses you want

 

Theres a precedent that you need to have a judge compel him

 

Yeah, and Bolton is getting a little frisky.
A lot of chances for leaks in two weeks.

 

Courts rule on what precedents are, not you.

Your example fails horribly, the court decision is related 100% to the charge.

If trump was charged with the rest of your gang confessing and they haven’t it’s a charge that’s a lie.

The specific obstruction charge is that Trump disobeyed lawful congressional subpoenas.

It is a charge which the court will rule on, Congress decided to say the court will rule that it is lawful. So what happens when the court rules the opposite, does congress get arrested for falsifying charges?

 

Trump's wrong-doing is obvious and not covered by executive privilege. Besides, a simple FOIA request revealed Trump's obstruction for what it is.

https://thehill.com/opinion/472751-...rump-documents-are-damning-and-there-are-more

 

Too bad that your opinion on whether or not executive privilege applies doesn’t matter.

There are plenty of legal scholars that believe Congress acting to say executive privilege doesn’t apply rather than letting the courts resolve it, is an abuse of power by Congress.

One of them even testified in the sham impeachment hearings. He correctly called Congresses refusal to let the courts resolve it an abuse of power.

 

Executive privilege doesn't apply to blanket refusals to turn over subpoenaed documents or allow any subpoenaed official, present or former, to testify.

 

Numerous suits have been brought to force Dirty Donald to show his tax returns, and it has finally wound up in the Supreme Court who have said they will not adjudicate the case until June of 2020.The wheels of our judiciary turn very slowly.

 

Actually, I believe that there is a time table. If a bill gets sat on and a new election is held while its being sat on then that bill dies when the new Congress goes into session. Pretty sure impeachment would follow the same rules. At least I don't see why it wouldn't. If it doesn't then I would expect the new Congress to vote on whether to proceed with it or not.

 

bush v. Gore ran through the state courts and all the way to the SCOTUS in under a month. SCOTUS took one day to issue a decision after oral testimony.

If it’s important it gets done fast.

 

See post 38.

 

So I guess when Congress finds the law obvious and clear you don’t need courts huh?

I guess all you need is public opinion on what the law is, and that is the law huh? Cause post 38 is the legal opinion of a member of the public, not a court order by a judge.

Simple question, let’s say the court rules on the matter and finds that in this specific instance, it’s a proper exercise of executive privilege, and that congress lacked a legitimate legislative purpose to issue a subpoena and acted on political grounds rather than legislative.

Did congress lie and falsify charges? Is this treason?

 

You didn't read it. Did you?
The Constitution gives Congress the power.

 

This is not executive privilege or you might have a point.

 

Lol just because Congress has the power of impeachment, does not mean that all subpoenas issued pursuant to impeachment is legal.

Just because a prosecutor has the power to prosecute does not mean all subpoenas issued pursuant to that prosecution is legal.

 

a judge will not compel if executive privilege is proper.

 

Even if witnesses will give their testimonies, the outcome of the impeachment proceedings is already predetermined, the truth is they could not by all means convince 20 Republican Senators to change sides, never. Politically we are deeply divided and the issue of the impeachment is about Biden being aggrieved, not really an offense against the American people so the issue somehow could not also affect the votes of the Republican electorates or else far less for the independents. Quite difficult for the Democrats to exploit politically the present Impeachment trial as well as I see it now.

 

Trump did not claim executive privilege he claims what people are calling blanket immunity.
He could deny some of it under executive privilege or maybe even national security, but he cannot refuse any information. That it why it is included in the articles of impeachment to be decided at trial.
I hope that clears it up for you.