Stan quoted in Truthout.com re Subpoenas
According to Stanley Brand, former counsel for the US House of Representatives, "It is doubtful that Jeffrey Taylor, the current US attorney for the District of Colombia would enforce Congressional subpoenas." Taylor participated in drafting the Patriot Act and served as counselor to Attorney General Alberto Gonzales prior to his installation as an interim US attorney for the District.
Brand has been here before; he faced Fred Fielding, then-counsel to President Reagan, in a very similar fight. In 1983, Brand represented the House of Representatives in an attempt to enforce a Congressional subpoena issued to the Reagan administration. Instead of convening a grand jury to prosecute the case, the US attorney sued the House of Representatives claiming that the action taken by the House was unconstitutional. The case against the House was thrown out of court and, in the face of mounting political pressure, the Reagan administration eventually turned over the subpoenaed documents to Congress.
In Brand's opinion, the law compels federal prosecutors to convene a grand jury trial to rule on the contempt-of-Congress charge. "The law says that the US attorney for the District 'shall present the case to a grand jury.' The US attorney will claim that this undermines his discretion as a prosecutor, but his discretion does not give him the right to deep-six a case because the president does not like it."
Despite his legal opinion, Brand sees this subpoena attempt as futile. "I think the claim of executive privilege is weak, but [Congress] can't get their case to court. Maybe they understand this and are just trying to up the ante." Link
Brand has been here before; he faced Fred Fielding, then-counsel to President Reagan, in a very similar fight. In 1983, Brand represented the House of Representatives in an attempt to enforce a Congressional subpoena issued to the Reagan administration. Instead of convening a grand jury to prosecute the case, the US attorney sued the House of Representatives claiming that the action taken by the House was unconstitutional. The case against the House was thrown out of court and, in the face of mounting political pressure, the Reagan administration eventually turned over the subpoenaed documents to Congress.
In Brand's opinion, the law compels federal prosecutors to convene a grand jury trial to rule on the contempt-of-Congress charge. "The law says that the US attorney for the District 'shall present the case to a grand jury.' The US attorney will claim that this undermines his discretion as a prosecutor, but his discretion does not give him the right to deep-six a case because the president does not like it."
Despite his legal opinion, Brand sees this subpoena attempt as futile. "I think the claim of executive privilege is weak, but [Congress] can't get their case to court. Maybe they understand this and are just trying to up the ante." Link
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