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Thread: Why do democrats think the Senate has powers that the House does not

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    Quote Originally Posted by Nordberg View Post
    Were you sleeping through the whole House impeachment? The House had witnesses. They did not get many they needed because King Trump the First, forbid them from testifying or providing documentation. The Left asked and Trump stonewalled. Trump stopped the witnesses from appearing.I was sure you did not watch it before, but you proved you saw if through a vulpine filter.
    What makes you think the Senate can call them if the House couldn’t?

    Didn’t you understand the question?

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    Quote Originally Posted by Adolf_Twitler View Post
    OBSTRUCTION OF CONGRESS!
    "When government fears the people, there is liberty. When the people fear the government, there is tyranny."


    A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
    Author: Booker T. Washington



    Quote Originally Posted by Nomad View Post
    Unless you just can't stand the idea of "ni**ers" teaching white kids.


    Quote Originally Posted by AProudLefty View Post
    Address the topic, not other posters.

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    Quote Originally Posted by Teflon Don View Post
    What makes you think the Senate can call them if the House couldn’t?

    Didn’t you understand the question?
    Did I say the senate could get them? Can you understand the response? Trump still has a blanket order that nobody can testify or provide documentation.

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    Quote Originally Posted by Teflon Don View Post
    The left thinks that the Senate can call witnesses that the House can't call. Why didn't the House call these witnesses? Why does the House want the Senate to do its job?

    Were Schiff and Nadler incompetent?
    The Senate has powers the House does not. Among them is the sole power to conduct a trial of impeachment. When sitting in trial, the Senate has power of subpoena, like any court. Yes, Schiff and Nadler were and are incompetent.

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    Quote Originally Posted by floridafan View Post
    Just think of all the witnesses the House could have called had not trump kept them from testifying.
    The House does not have power of subpoena.

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    Quote Originally Posted by Teflon Don View Post
    Are you saying the Senate has powers to make them testify that the House did not?
    Yes.
    Quote Originally Posted by Teflon Don View Post
    Can't Trump just keep them from testifying in the Senate?
    No.
    Quote Originally Posted by Teflon Don View Post
    Why didn't the House just wait for the courts to rule?
    They were in a hurry, and the courts were getting ready to rule against them.
    Quote Originally Posted by Teflon Don View Post
    They can't say that there was urgency because Nancy held the articles for a month.
    Heh. Watch 'em wash THAT hairball down the drain!

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    Quote Originally Posted by floridafan View Post
    You would have loved to have the House wait months for the courts to rule. Maybe even delay until after the election. At this point, I am sure Trump will do everything he can to keep witnesses from testifying. I don't know what powers the Chief Justice has in this situation, but of course you want all the delays you can get.
    Trump does not have to testify against himself. See the 5th amendment.

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    Quote Originally Posted by Into the Night View Post
    Trump does not have to testify against himself. See the 5th amendment.
    I have been speaking of the many witnesses the House subpoenaed who did not testify

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    Quote Originally Posted by Into the Night View Post
    The House does not have power of subpoena.
    Of course they do. That is the method of getting uncooperative witnesses to testify

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    Quote Originally Posted by floridafan View Post
    I have been speaking of the many witnesses the House subpoenaed who did not testify
    The House doesn't have power of subpoena. They must use the courts.

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    Quote Originally Posted by floridafan View Post
    Just think of all the witnesses the House could have called had not trump kept them from testifying.
    NAME THEM. ALL THE STALIN-O-CRATS HAD TO DO WAS DEFEND THEIR SUBPOENAS IN COURT. THEY CHICKENED OUT.
    TRUMP WILL TAKE FORTY STATES...UNLESS THE SAME IDIOTS WHO BROUGHT US THE 2020 DUNCE-O-CRAT IOWA CLUSTERFUCK CONTINUE THEIR SEDITIOUS ACTIVITIES...THEN HE WILL WIN EVEN MORE ..UNLESS THE RED CHINESE AND DNC COLLUDE, USE A PANDEMIC, AND THEN THE DEMOCRATS VIOLATE ARTICLE II OF THE CONSTITUTION, TO FACILLITATE MILLIONS OF ILLEGAL, UNVETTED, MAIL IN BALLOTS IN THE DARK OF NIGHT..


    De Oppresso Liber

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    Quote Originally Posted by floridafan View Post
    I have been speaking of the many witnesses the House subpoenaed who did not testify
    There are, however, very narrow structural limitations on Congress' subpoena power, that, if exceeded, may provide a party with grounds to challenge a Congressional subpoena. Those limitations involve the jurisdiction of the committee, the pertinence of the request, and the committee's compliance with procedural rules.

    A. Proper Jurisdiction and Legislative Purpose The first limitation is that the subpoena must fall within the proper jurisdiction of the issuing committee or subcommittee and have a legislative purpose. That is, a subpoena can only be issued where: (1)Congress has the power to investigate; (2)The Committee or Subcommittee has a proper grant of authority to conduct the investigation; and (3)The materials sought are pertinent to the investigation and within the scope of the grant of authority.

    Generally, the first requirement above is easily satisfied, because there is a presumption in the courts that Congressional committees will act properly and within their authority. However, the third requirement, that the testimony or materials sought should be pertinent to the inquiry, has served as a basis for invalidating Congressional subpoenas.

    For example, in Bergman the Court held that a subpoena calling for "'any' and 'all' financial records from 1969 to date [which] might include records relating to plaintiffs' purely personal financial affairs," was invalid in part, where the issuing sub-committee only had general authority to inquire into housing for the elderly. The court reasoned that while the subcommittee may properly investigate nursing home profits, "a general inquiry designed to ascertain plaintiffs' personal wealth ... is not pertinent to the investigation .... "

    As the Court stated in Exxon: The principle is important that disclosure of information can only be compelled by authority of Congress, its committees or subcommittees, not solely by individual members; and only for investigations and congressional activities. Election to the Congress does not give an individual subpoena power over whatever information he may happen to be interested in, and particularly not over trade secrets, whose oftentimes enormous value may be forfeited by disclosure to the public.

    II. CONGRESSIONAL CONTEMPT POWER

    It is well-established that failure to obey a subpoena or subpoena duces tecum issued by a House of Congress in furtherance of its legitimate activity-by failure to appear, respond or answer questions after appearance-constitutes a contempt of that House of Congress. A prima facie case for a contempt offense is established when evidence is introduced that a witness was validly served with a subpoena and deliberately fails to comply. Case law indicates that contempt of Congress is punishable both criminally and civilly. With respect to criminal penalties, Congress drafted a contempt statute in order to provide or proceedings in a judicial forum.

    This statute provides:
    Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any Joint Committee established by a joint or con-current resolution of two Houses of Congress, or any commit-tee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months.

    The rules provide that the Senate or House, or when not in session the President Pro Temp or Speaker, must consider the facts and transmit them to the U.S. attorney for prosecution. This further review of a committee's decision to prosecute for contempt was drafted as a "check against hasty action of the Commit-tee."39 For the same reasons, only a grand jury, rather than a prosecutor, can decide whether to issue a contempt indictment. The House Rules also expressly provide that a House committee or subcommittee is required to seek authorization of the full House prior to enforcing a subpoena.

    C. Privilege
    The third and most important protection for subpoenaed witnesses is constitutional and common law privilege. While it is recognized that a Congressional committee's power to investigate is limited by a witness' constitutional rights, as a general rule, Congressional committees have refused to recognize that their investigative authority is limited by traditional common law privileges.

    The Bill of Rights is applicable to investigations as to all forms of governmental action. Witnesses cannot be compelled to give evidence against themselves. They cannot be subjected to unreasonable search and seizure. Nor can the First Amendment freedoms of speech, press, religion or political belief and association be abridged.

    Fifth Amendment privilege. Of the constitutional protections identified by the Watkins court, the most frequently invoked in testimony before Congress is the Fifth Amendment's privilege against self-incrimination. The relevant clause of the Fifth Amendment provides: "Nor shall [any person] be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.


    https://digitalcommons.law.byu.edu/c...95&context=jpl
    "When government fears the people, there is liberty. When the people fear the government, there is tyranny."


    A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
    Author: Booker T. Washington



    Quote Originally Posted by Nomad View Post
    Unless you just can't stand the idea of "ni**ers" teaching white kids.


    Quote Originally Posted by AProudLefty View Post
    Address the topic, not other posters.

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    Quote Originally Posted by Into the Night View Post
    The House does not have power of subpoena.
    Committees do have the power of the subpoena; but they must transmit contempt orders to the US Attorney for prosecution.
    "When government fears the people, there is liberty. When the people fear the government, there is tyranny."


    A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
    Author: Booker T. Washington



    Quote Originally Posted by Nomad View Post
    Unless you just can't stand the idea of "ni**ers" teaching white kids.


    Quote Originally Posted by AProudLefty View Post
    Address the topic, not other posters.

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    Quote Originally Posted by Truth Detector View Post
    Committees do have the power of the subpoena; but they must transmit contempt orders to the US Attorney for prosecution.
    Which means they do NOT have the power of subpoena. They must use the courts.

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    Quote Originally Posted by floridafan View Post
    I have been speaking of the many witnesses the House subpoenaed who did not testify
    The House doesn't have power of subpoena.

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