The "obstruction" impeachment article was as phony as a three dollar bill. Nobody is compelled to comply with an illegal or otherwise substantively defective subpoena, or to one with which they have a legitimate objection. Courts don't issue subpoenas, lawyers do. They're not issued through a court, they're issued to the individual or their attorney of record from whom testimony, deposition or document production is being demanded. The court doesn't even know about it. Many attorneys are notorious for abusing subpoenas in their number and scope, forcing recipients to raise objections and refuse them. The WH basis for refusal wasn't some untested legal theory, it was based on a longstanding SCOTUS decision regarding the authority of Congress to issue those subpoenas and the conditions under which they can do so. Even if legally issued, the Executive Branch is entitled to Executive Privilege. Every president in the past 240 years since Washington has exercised this right. That privilege isn't absolute. Consequently, the ultimate remedy is to take it to the Federal Courts for a judicial decision as to whether Executive Privilege is applicable, and if so, to what extent it's applicable. The most recent SCOTUS decision regarding Executive Privilege was United States v. Nixon (1974), and it's not the extant decision itself regarding the tapes, it's the extensive discussion in the majority opinion regarding Executive Privilege. Rushing to impeachment over the refusal of subpoenas claiming "Obstruction of Congress" was yet another temper tantrum, filled with double-speak, smoke, mirrors, a whirling bag of dried chicken bones and readings from a book of incantations. Why? Because they wanted to pass the impeachment articles before Christmas (and then sit on them for over 30 days?). If a POTUS were impeached every time he refused Congressional subpoenas, Obama would have been impeached about two dozen times, nearly all of which was about the Fast and Furious scandalous debacle. The proper remedy Congress pursued during his administration when negotiation (aka accommodation) failed was in the Federal Courts, including exhausting appeals.Both she and Schumer announced that they wouldn't accept an acquittal a few days ago. Maybe last Friday I think? Basically as soon as the witness/no witness portion ended. But hey, Trump's the obstructionist. Umm... okay?
Definitely that was a signal to her own side. It doesn’t seem well thought out. They do internal polling all the time. She has to understand that Democrats are losing the middle. Whatever signaling she has to do to appease the bat**** crazies to keep the gavel has to strike a balance. Democrats have had a bad week and there’s still days left for it to get worse.
