Runningart2004 wrote:
So what’s the end game with these Congressional hearings? Can people just continue to ignore their subpoena because Trump says so? Is it a case of an authoritarian president or an authoritarian Congress? I’m assuming it will all be figured out in court.
What will other presidents do now? Even Democrat ones. Does a president now see he can ignore Congress with little negative impact?
Similarly, do many Republicans enjoy this authoritarian style of governance? Would they rather a president govern by decree with no checks and balances? Is it then better to stonewall and obstruct until your side has control of Congress instead of working together?
Alan
These are all good questions. Here is my take on it.
First, by definition, there can be no authoritarian congress. There are too many voting members with desperate interests to ever think of congress as authoritarian.
But as to what will happen next, it looks like it will all end up in court. Congress seems to have law and precedent on their side with most of these squabbles, but the courts move slowly. Before, I posted that I thought these issues would be resolved quickly because the courts would not want to delay the functioning of government. However, I have since looked at what actually happens when congress goes to court to force the executive branch to provide information and/or testimony.
As far as I know, "Executive Privilege" is the only affirmative defense. But the White House has not claimed executive privilege on anything. I really wonder why, but at this point it may be too late. Any evidence or testimony that was allowed to be given to Mueller shows that the White House has waived executive privilege thusly. However, during his testimony, Bill Barr said, "We have not decided on executive privilege." This brings up two points:
1) Barr may have some legal theory that executive privilege has not been waived.
2) Why is Barr thinking about this in the first place? He is not supposed to be advising the White House on this. That is the job of the White House council. Just my opinion, but it seems to be more evidence that Barr is representing the president and not the American people.
Ultimately, these are delaying tactics by the White House. They are likely to lose in court. But the delays will probably work in the sense that these matters won't be resolved until we are well into the 2020 campaign where it becomes so politicized that anything can happen.
Oh, and yes, Republicans like authoritarianism. It's in their DNA.