If Mueller subpoenas Trump to testify, fight would go to Supreme Court: Trump lawyer

[Darkman00]

If Mueller subpoenas Trump to testify, fight would go to Supreme Court: Trump lawyer

Article at ABC news.

Wonder how long it would take for the whole Supreme Court thing to play out ...

 

[whitehall]

It's an on going left wing fantasy but Mueller doesn't have the power to compel the President of the United States to testify The stated intent of the probe was to investigate the allegations that candidate Trump was involved in collusion with the Russians and that has been found to be untrue so isn't it time for Mueller to fold up his tent?

 

[Darkman00]

He shouldn't have been unfolding his tent to start with, of course, ... but that is besides the point here.

 

[Tehon]

Mueller doesn't have the power to compel the President of the United States to testify

The Supreme Court decision in United States v. Nixon would suggest otherwise.

 

[task0778]

This subpoena shit stinks to high heaven. It's political bullshit, you're supposed to have evidence of wrong-doing first, before you go asking for subpoenas to gather more information. And Mueller doesn't have a damn thing, it's a political fishing expedition where he's using the judicial process for political purposes.

 

[ozro]

Mueller doesn't have the power to compel the President of the United States to testify

The Supreme Court decision in United States v. Nixon would suggest otherwise.

No, it doesn't. That case was solely about the govt surpeoning the President for the tapes in order to prosecute others. If you had lived through it you would know that the authority to supeona a sitting president was not decided then.

 

[nat4900]

It's an on going left wing fantasy but Mueller doesn't have the power to compel the President of the United States to testify The stated intent of the probe was to investigate the allegations that candidate Trump was involved in collusion with the Russians and that has been found to be untrue so isn't it time for Mueller to fold up his tent?

NO, you eternal moron and Trump ass kisser.......Here's the LAW for the special counsel (have a grown up read and explain it to you)

The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017

(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and

(ii) any matters that arose or may arise directly from the investigation; and

(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

(i) and (ii) are pretty banal. However, (iii) is interesting because it is also mentioned later in the document. Reading the relevant section of the CFR:

§ 600.6 Powers and authority.

Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities.

………………

(c) If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters.

www.law.cornell.edu/…

 

[DGS49]

Mueller cannot subpoena the President. If he did so, it would be void and unenforceable. That is why they have been asking him to sit for an interview; they lack the power to force the issue.

Regardless, the longer this goes on, the righter the President looks. The investigation is a sham, perpetuated by a "never-Trump" Republican, in order to harass the President for as long as possible. He should pardon Manifort out of spite. Immediately after the 2018 elections.

 

[nat4900]

Mueller cannot subpoena the President. If he did so, it would be void and unenforceable. That is why they have been asking him to sit for an interview; they lack the power to force the issue.

Wrong........Trump can fight the subpoena but it will be thrusted into the SCOTUS' hands

The last time a president was subpoenaed was in 1998 as part of the Clinton-Lewinsky saga. Before that, Richard Nixon was subpoenaed in 1974 to force him to hand over tape recordings and other materials related to the Watergate scandal.

 

[bodecea]

Interesting how trumpanzees believe their so-called president is above the Law.

 

[Tehon]

Mueller doesn't have the power to compel the President of the United States to testify

The Supreme Court decision in United States v. Nixon would suggest otherwise.

No, it doesn't. That case was solely about the govt surpeoning the President for the tapes in order to prosecute others. If you had lived through it you would know that the authority to supeona a sitting president was not decided then.

The court did suggest that the President lacked the absolute privilege to resist a subpoena. I never said it was decided.

"The impediment that an absolute, unqualified privilege would place in the way of primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions would plainly conflict with the function of the courts under Art. III. In designing the structure of our Government and dividing and allocating the sovereign power among three co-equal branches, the [Framers] sought to provide a comprehensive system, but the separate powers were not intended to operate with absolute independence. To read the Art. II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a generalized claim of the public interest in confidentiality of nonmilitary and nondiplomatic discussions would upset the constitutional balance of "a workable government" and gravely impair the role of the courts under Art. III."
UNITED STATES V. NIXON (1974)

 

[Darkman00]

Mueller cannot subpoena the President. If he did so, it would be void and unenforceable. That is why they have been asking him to sit for an interview; they lack the power to force the issue.

Wrong........Trump can fight the subpoena but it will be thrusted into the SCOTUS' hands

...

And whose favor the SCOTUS now stacked in?

 

[nat4900]

Interesting how trumpanzees believe their so-called president is above the Law.

Well, belief that the orange jello is "above the law" is a REQUISITE when joining the Trump Cult.....

 

[nat4900]

And whose favor the SCOTUS now stacked in?

In other words, the orange buffoon stacked the court to do his bidding???

How fucked up are you to place your Trump ass licking ABOVE the law?

 

[task0778]

Interesting how trumpanzees believe their so-called president is above the Law.

1. He isn't the so-called president, he IS the President, legally elected. If you don't like it, tough shit. Maybe next time the Democrats won't run such a shitty candidate.

2. He isn't "their" president, he's EVERYBODY's president. If you don't like it, tough shit. Maybe next time the Democrats won't run such a shitty candidate.

3. I must have missed the part where anybody said he or anyone else is above the law. Which is hypocritical as hell coming from a democrat who thinks Hillary Clinton was innocent of any wrong-doing. Talk about being above the law.

4. You can take the 'trumpanzees' reference and stuff it up your ass. We have a big problem in this country with divisive and over-heated rhetoric, and you are part of the problem. Congrats.

 

[Darkman00]

How fucked up are you to place your Trump ass licking ABOVE the law?

^ ^ ... not as fucked up as America would be with 8 years under Hillary Clinton and / or her admin.

 

[easyt65]

'If Mueller subpoenas Trump to testify, fight would go to Supreme Court'

No, it wouldn't. It has already been decided, precedence set.

 

[candycorn]

If Mueller subpoenas Trump to testify, fight would go to Supreme Court: Trump lawyer

Article at ABC news.

Wonder how long it would take for the whole Supreme Court thing to play out ...

Not that it would happen (I should be careful when I say that) but I would love to see Rudy Guliani (sp?) arguing before the Supreme Court. Could you imagine the scene?

I don’t discount that the Trump Administration would make the argument but I wouldn’t think they would send Rudy to do the arguing.

As far as the title of the OP goes…that is the way it is supposed to work; you have a disagreement; you try to hash it out yourselves. If not, you seek legal remedies in the framework that was set up to handle the disagreements. I can’t blame Mueller for seeking to question Trump and I can’t blame Trump to do everything within his rights to resist. I can question why there is such resistance and the reason for the obfuscation….

 

[Edgetho]

Here's what dimocrap scum have failed to address -- If a regular Citizen ignores a subpoena, the Court can send Law Enforcement to go get him/her.

If Trump ignores a subpoena, what do dimocrap scum intend to do about it?

Arrest him??

I'd pay to see them try.

It's a stupid point. Trump will answer a subpoena ONLY if Trump WANTS to answer a subpoena.

fucking period

 

[Tehon]

Here's what dimocrap scum have failed to address -- If a regular Citizen ignores a subpoena, the Court can send Law Enforcement to go get him/her.

If Trump ignores a subpoena, what do dimocrap scum intend to do about it?

Arrest him??

I'd pay to see them try.

It's a stupid point. Trump will answer a subpoena ONLY if Trump WANTS to answer a subpoena.

fucking period

Impeachment seems the most likely course of action for failing to comply with a subpoena.