THE HILL writes:
That resolution also gave committee chairmen more legal powers in enforcing subpoenas. That opens the door for Cummings to go straight to a group of top lawmakers for permission to request a court order to enforce the subpoenas without the entire House voting on it.
But the DC Appellate Court just ruled in Mckeever vs Barr that courts don’t have the inherent authority to release Grand Jury 6e Testimony.
If THEY don’t have the authority to release it, then it naturally follows that they don’t have the authority to order others to release said testimony, i.e., telling the AG to give it to Congress.
Democrats have neither the likelihood of winning this in the Supreme Court when it eventually gets there, nor the time before Election 2020 to accumulate anything but losses on this fight. Why?
A subpoena becomes illegitimate the moment it perversely requires the breaking of law in order to satisfy its compliance.
Nobody gets to break laws in the name of enforcing them.