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Paul K. Ogden's avatar

Speaking of Bannon, the fact he, Trump and their ilk are using the courts solely for the purpose of delaying the January 6th's Select Committee's investigation of the insurrection until it's too late really ticks me off. I've been an attorney for 34 years. In civil and criminal proceedings, if someone ignores a subpoena or makes an obviously bogus argument like executive privilege, the matter gets resolved in days, a week or two tops. There is no reason for drawn out legal proceedings to decide these rather simple issues. And when it comes to their judicial proceedings, courts generally are extremely intolerant of people using legal proceedings to "win" via delay. Why then do courts treat legislative action differently?

Contrary to public perception, courts can act quickly when they want to. You have your regular docket, then you have emergency type matters that are expedited. When someone is making bogus legal arguments to effectuate delay, the courts should expedite the matter and give the recalcitrant litigant a boot to the backside.

But there is no reason for Congress to continue running to courts to enforce their own subpoenas. Courts have ruled that Congress has inherent contempt powers, i.e. Congress can enforce its own subpoenas. I don't care that Congress hasn't done it in a 100 years, now is time to start doing it again. Put a few low level people in jail to send a message that these orders are going to be enforced. (I know Congress doesn't have jail cells any more, but jurisdictions needing jail cells rent them all the time. I'm sure DC has a few cells available.) Also, Congress needs to start hitting these people with fines which increase each day that there is non-compliance. Those fines can attach as a lien to property they own, even without a separate enforcement action. That will get their attention.

Sorry...had to vent.

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Gina Dalfonzo's avatar

With all due respect, I'm very, very, very tired of e-mails and tweets and newsletters telling me, "You are not worried enough." I worry CONSTANTLY about this mess we're in. I worry enough for ten people, but what good does my worry do anyone? How does my sitting here worrying and worrying change things one iota for the better? Stop telling me to worry and start telling me how I can help!

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