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Paul K. Ogden's avatar

I heard Shannon Freshour's take on AG Merrick Garland's failure, thus far, to act on the criminal referral regarding Steve Bannon's snub of the 1/6 Committee's subpoena. For the record, we're at about Day 17 with no action. For those who missed Freshour's take, her position is that it takes a long time to develop a federal criminal case and that Garland is doing his job by making sure that all the I's are dotted and T's are crossed before deciding whether to proceed. She cited her experience in a support role in litigating cases, and noted how long it takes to get a case ready.

I've been an attorney since 1987 so let me tell you why she is wrong on this case. She is right that most federal criminal prosecutions require extensive time to develop the facts. But this is an issue of enforcing a subpoena - the facts are already developed and are straightforward. There is no factual record to develop. The only issue is the application of the law to the failure to comply with the subpoena. Research of the case law and statutes regarding federal subpoena enforcement and executive privilege wouldn't take more than a few hours at best.

There is no justification for Garland's delay. None. But it brings me back to my constant emphasis that Congress needs to use its inherent contempt power to enforce its own subpoenas.

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Mary's avatar

Democratic Mainstay here, but I would vociferously argue that the questions aren't nearly nuanced enough to capture someone's true principles.

I will also continue to affirm (to anybody that will listen) that far too many voters are just too damn ignorant to be considered "informed".

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