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(7,866 posts)RKP5637
(67,111 posts)triron
(22,007 posts)RKP5637
(67,111 posts)dalton99a
(81,534 posts)real Cannabis calm
(1,124 posts)gratuitous
(82,849 posts)But there are certain hoops to be jumped through before a subpoena will be issued. If and when this comes before a judge to force the Secretary of Defense to comply with a congressional request, the judge is going to want to be sure that all the procedural niceties were observed: Did you ask for these records? Yes? Did you give the Secretary a reasonable period of time to respond? Did the Secretary fail to meet that deadline or ask for more time? Did you inform the Secretary that the next step would be a subpoena? Did the Secretary fail to respond to the subpoena, if only to tell you to go jump in the lake? All right, you exhausted your administrative remedies, the court will now hear the arguments of the parties as to why Congress should ask for these records and, if it's a legitimate request (as it appears to be, which is why the court is involved), why the Secretary doesn't think he needs to respond to Congress.
If you don't go through all these steps, a judge will make you go back and do them before he or she will hear any motion to compel a response.
triron
(22,007 posts)maxsolomon
(33,345 posts)and trump knew it.
triron
(22,007 posts)stopdiggin
(11,320 posts)maxsolomon
(33,345 posts)mnuchin is running roughshod over their lawful requests. DOJ won't help them.
do you see this otherwise?
stopdiggin
(11,320 posts)maxsolomon
(33,345 posts)if i'd said "toothless", would that be better? our constitution has been exposed as toothless.
stopdiggin
(11,320 posts)somebody provides a decent explanation .....
stopdiggin
(11,320 posts)Thanks, once again, for taking the time to lay out some of the "legal legwork" (and facts on the ground) involved. Apparently we need to keep hearing them ...
Skittles
(153,169 posts)then nothing ever happens
spanone
(135,854 posts)like they've fucking ignored every other request.
elocs
(22,588 posts)triron
(22,007 posts)elocs
(22,588 posts)and tell you what the thread is about.
triron
(22,007 posts)SoCalDem
(103,856 posts)republicans are packing courts, breaking every rule, rampaging at will..
It's what we do. and it's why we lose a majority when we do finally get one.. we do not use the power we seek.