Thursday, February 15, 2018

Why Comey memos should be released

This is very simple. Byron York has written well about it. He hits one point that is really the key.

If the memo supposes to be proof of Trump's obstruction of justice, who is the proper investigator?

The special counsel is a member of the executive branch with special dispensation from following normal protocols. As such, it is proper to investigate where conflicts of interest lie. The problem with the appointment process is that it ignores the Constitution. The president vice-president and federal judges are immune from prosecution while in office. A grand jury has no jurisdiction, no matter what court precedent would do to twist this fact.

So the House of Representatives is the proper grand jury for these immunized officers. So if the House demands access to evidence, the special counsel should respond as he would to a grand jury making such a demand.

This is simple. Occum's Razor simple. To create other arguments and stillborn claim Constitutional compliance only results in farce. Is this political? See Andrew McCarthy's book on that subject. Spoiler alert: yes, it is inherently and intentionally political.

So the House should vote a resolution ordering the Special Counsel to deliver the memos. Failure to comply should be met with an immediate Contempt of Congress citation and defunding of Mueller's office for violation of the Constitution.

Publius of the Federalist Papers expected the branches to defend their own privileges, not be a mere lapdog to the Supreme Court and the judiciary. Court precedent is irrelevant. Speaker Ryan needs to stand up and defend his committee chairs more aggressively. These votes need to be scheduled immediately. If there are concerns about national security, those can be address by procedures set forth in the House resolution and contempt citation.