The big word around Capitol Hill water coolers this week is “subpoena.” The whole balloon thing is only coincidentally convenient distraction. Merrick Garland is glad that Blinky Blinken and the Pentagon gave him needed time to think, because he figured out the method behind apparent oversight madness.
House subpoena magic
There is a magic power lurking in an ordinary looking subpoena which Jim Jordan and James Comer can use against the spells that evil Deep State wizard Merrick Garland conjured up to ward off their oversight. The halls of Congress are looking like Hogwarts, these days. All Democrats need to say is the magic phrase “ongoing investigation” to make Republican demons go away. Not so fast.
Unconventional times call for unconventional methods. With the rats in charge of guarding the cheese, it’s time to get drastic.
It may appear on the surface that Merrick Garland really runs this country. He certainly seems to think so. Google Search pretty much backs him up. When you search for things like “the oversight powers of congress” you learn that lawmakers and the executive branch are supposed to cooperate. That doesn’t mean they will and they usually don’t. That’s where the subpoena comes in.
House Republicans subpoena Attorney General Merrick Garland, Education Secretary Cardona and FBI Director Wray for targeting concerned parents who opposed woke propaganda at school board meetings. pic.twitter.com/rkes245aOO
— Deplorable4trump2024 (@PTRUMPFORTX2020) February 4, 2023
They get issued in due course along with the requests for information and testimony. Both are routinely ignored and fought over for years until the power balance shifts and everyone forgets about it. Not this time. Jordan and Comer are determined. They seem to have a little trick up their sleeve to knock the smirk off the face of Christopher Wray. That’s why Garland is freaking out about the paperwork recently issued.
The Just Us Department was quick to “fire back” at House Judiciary Committee Chairman Jim Jordan after he dared to issue a subpoena to Merrick Garland and one just like it to Federal Bureau of Instigation Director Christopher Wray. Garland wasn’t ready for that yet. He was hopping up and down as he called the move “premature.” He’s supposed to have weeks of stalling time first. Last week, Jordan formally demanded Wray “turn over documents and communications related to the FBI’s ‘misuse of federal criminal and counterterrorism resources’ to target parents at school board meetings.”
Education Secretary Miguel Cardona got one, too. They have until March 1 at 9:00 a.m. on the dot to do it. Garland is supposed to cough up “documents related to the Justice Department’s task force that focused on identifying school board threats, and the FBI’s role as a member of that task force.” They won’t do it. They’ll talk about it though, Garland promises.
Jordan expects ‘full compliance’
When Jordan got the response letter, he gave Garland and Wray a final warning on Thursday, February 9. “DOJ’s response is wholly inadequate, flawed, and ignores the last two years of requests from our Committee. We expect full compliance with the subpoenas.” Garland knows that a subpoena all by itself is nothing magical. He ignores them all the time.
Google Search did manage to point out a helpful result which throws a little light on why Jordan and Comer are still cheerful, despite all the media mud slinging in their direction. The Constitution has the magic spell buried in Article I, Section 8, Clause 18.
DOJ has ignored requests for 2 years. Time to pay the consequences of their actions.
DOJ Lashes Out at Jim Jordan After Subpoena of Wray, Garland https://t.co/OrxbIkM4UO
— Juanita Broaddrick (@atensnut) February 11, 2023
The work of Congress is “critical in purpose” because lawmakers “cannot legislate wisely or effectively in the absence of information.” That’s why they have “extensive” scope to “obtain pertinent testimony and documents through investigations into nearly any matter.” They use a subpoena.
In situations, like this one, “where either a government or private party is not forthcoming,” Congress can “compel compliance with congressional requests through the issuance and enforcement of subpoenas.” The key word there is “enforcement.”
The feds aren’t taking kindly to the thought that they might finally be held accountable by the American people. #FBICorruption
Per the subpoena, Wray has until 9 a.m. EST on March 1 to comply.
The subpoena compels #FBI Wray to turn over documents and https://t.co/dAAaaSIdTM… https://t.co/XZq2LErxfj
— Jenny 1776🇺🇸 (@realouMAGAgirl) February 11, 2023
There are three cases where the Supreme Court can step in and settle disputes. One is with contempt of Congress proceedings. That’s another option for the House but one with known pitfalls and delays. The third option doesn’t apply but the second option raises some rather interesting possibilities. It’s rarely, if ever been used and never generated any Supreme Court guidance.
“When the House or Senate itself initiates a lawsuit in an attempt to enforce a subpoena.” If Garland drags his feet past his March 1 deadline, Jordan might just file a lawsuit to enforce his subpoenas. That would drag SCOTUS in and can possibly be “expedited” on a rush basis, too. It’s very possible that history could be in the making.