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Thread: Rod Rosensteinís Subpoena Threat: Heís Conflicted, and Heís Acting Like It

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    Under Protest excalibur's Avatar
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    Rod Rosensteinís Subpoena Threat: Heís Conflicted, and Heís Acting Like It

    Conflicted to say the least, as pointed out he is a witness to the Comey firing. In fact he wrote the memo recommending Comey's removal.


    Rod Rosenstein’s Subpoena Threat: He’s Conflicted, and He’s Acting Like It



    He clings to his role in the process despite being a central witness in Comey’s dismissal



    The House Intelligence Committee is investigating whether the government has used the Justice Department’s awesome investigative authorities as a weapon against political adversaries. We learned yesterday that, in response to this very investigation, Deputy Attorney General Rod Rosenstein . . . threatened to use the Justice Department’s awesome investigative authorities as a weapon against political adversaries.

    That Rosenstein threatened to subpoena the committee’s records does not seem to be in serious dispute. There are differing accounts about why. House investigators say that Rosenstein was trying to bully his way out of compliance with oversight demands; the Justice Department offers the lawyerly counter that Rosenstein was merely foreshadowing his litigating position if the House were to try to hold him in contempt for obstructing its investigations. Either way, the best explanation for the outburst is that Rosenstein is beset by profound conflicts of interest, and he’s acting like it.

    The first thing to bear in mind about the news reported Tuesday by Fox News’s Catherine Herridge is that the dispute in question — which is just one of many during a year of Justice Department stonewalling — happened five months ago, on January 10.

    So, what was going on back then?

    Among other things, the House Intelligence Committee and senior Republicans on the Senate Judiciary Committee were pressing for disclosure of the applications the Justice Department submitted to the Foreign Intelligence Surveillance Court (“FISA court”) for warrants to eavesdrop on Carter Page, a former Trump-campaign adviser. (The Nunes memo is dated just eight days after Rosenstein’s reported subpoena threat; the Grassley-Graham memo is dated just four days before; both prompted bitter disclosure fights.)

    ...


    https://www.nationalreview.com/2018/...t-of-interest/
    Last edited by Ian Jeffrey; 14th June 2018 at 05:39 AM. Reason: Article quote truncated.

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    Under Protest excalibur's Avatar
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    Nevertheless, it is not to his credit to threaten members of Congress with Justice Department subpoenas for their emails and phone records. It suggests that the conflicts under which he labors are distorting his judgment. And in any event, to point out that a lawyer has a conflict is not to assert that he is acting unethically. A conflicted lawyer recuses himself not because he is incapable of performing competently but because his participation undermines the appearance of impartiality and integrity. In legal proceedings, the appearance that things are on the up and up is nearly as important as the reality that they are.

    This is not a symmetrical conflict in which one side’s investigative demands can properly be reciprocated by the other — “if you subpoena me, I’ll subpoena you,” etc. The Justice Department is a creature of statute. While part of the executive branch, it has no independent constitutional standing; it exists because it was established by Congress (as, by the way, was Rosenstein’s office). If the House Intelligence Committee were to issue a subpoena demanding, say, President Obama’s communications with members of his White House staff, that would be objectionable. By contrast, Congress has not only the authority but the responsibility to conduct oversight of the operations of executive departments it has established and funds, and whose operations it defines and restricts by statute.

    The Justice Department is not the sovereign in this equation. If it has legal or policy reservations about a disclosure demand from the people’s representatives, it should respectfully raise them; but it is ultimately up to Congress to decide what the people have a right to inquire into. The Justice Department has no business impeding that inquiry. And while people can lose their temper in the heat of the moment (like most of us, I am no stranger to that phenomenon), it is outrageous for a Justice Department official to threaten Congress with subpoenas. If the deputy attorney general did that in a fit of pique, I hope he has apologized.

    ...

    Last edited by excalibur; 13th June 2018 at 11:11 AM.

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    Define "political adversaries" for the DOJ. Republicans and Democrats are political adversaries. How can the DOJ have any political adversaries? Maybe individuals within the DOJ might, but how could the institution generally have such a thing? And how would someone show that they were such a "political adversary?" Do we just assume something or is there something to it?

    Maybe Rosenstein is trying to intimidate congressmen into not investigating this investigation. Or maybe...just maybe...he thinks that some congressmen are interested in his investigation only so they can give evidence to possible defendants. Figuring that out is a legitimate goal for....the DOJ.
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    Rosenstein does not get to dictate how Congress carries out their Constitutional duties.

    Threatening them for them doing so is criminal obstruction

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    Quote Originally Posted by Goofball View Post
    Rosenstein does not get to dictate how Congress carries out their Constitutional duties.
    He's not trying to. Did he file a suit to prevent them?
    Threatening them for them doing so is criminal obstruction
    Requires a corrupt mind. Could be he's just doing his job. That would depend on his level of probable cause, which we can't know at this point. I'm not sure what the charge would be considering that Congress isn't really an investigatory agency with the power to charge people.

    Rosenstein has implied publicly he thinks that some members of congress are trying to "extort" the DOJ.

    These are serious charges on both sides. Seems like what we'd all really like is for everything to come out.

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    Quote Originally Posted by Rasselas View Post
    He's not trying to. Did he file a suit to prevent them?
    Requires a corrupt mind. Could be he's just doing his job. That would depend on his level of probable cause, which we can't know at this point. I'm not sure what the charge would be considering that Congress isn't really an investigatory agency with the power to charge people.

    Rosenstein has implied publicly he thinks that some members of congress are trying to "extort" the DOJ.

    These are serious charges on both sides. Seems like what we'd all really like is for everything to come out.
    They are considering holding Rosenstein in contempt. If he wants to defend himself, he can hire a lawyer to do so. He does not get to use the power of the DOJ to go after Congress. The DOJ is not his personal hit squad.

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    Rod Rosenstein is completely out of line. He is using his power the threaten those that have oversight.

    It's time for this little pencil head to go.

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    Quote Originally Posted by Goofball View Post
    They are considering holding Rosenstein in contempt. If he wants to defend himself, he can hire a lawyer to do so.
    That's true. On the other hand, if they hold him in contempt, he'll automatically have a right to see the very things he's asking them for now. Defense gets discovery.
    He does not get to use the power of the DOJ to go after Congress. The DOJ is not his personal hit squad.
    You're right. The only way for us to know is to know more about what's secret to both the DOJ and Congress.

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    Quote Originally Posted by Crusher View Post
    Rod Rosenstein is completely out of line. He is using his power the threaten those that have oversight.
    All he's said is that congressional staffers should preserve their communications with regard to these and related matters. How is that a threat? If everyone is doing their job and no one is breaking the law, what could his action possibly harm?

    It's time for this little pencil head to go.
    Interesting choice of metaphor. Seems like we need a "pencil head" in that job.
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    Quote Originally Posted by Rasselas View Post
    All he's said is that congressional staffers should preserve their communications with regard to these and related matters. How is that a threat? If everyone is doing their job and no one is breaking the law, what could his action possibly harm?

    Interesting choice of metaphor. Seems like we need a "pencil head" in that job.
    On what authority did he make that demand? If he wants to go that route he can hire an attorney and go to court.

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