For the House of Representative committees want to issue subpoenas in an impeachment, they need a full House vote authorizing the impeachment investigations. So far, no subpoenas have been issued because there has been no House vote. From sundance at theconservativetreehouse.com:
The House democrats will keep doing this until someone in the media begins to hit them with hard questions that expose the nonsense.
Today Chairman Adam Schiff (House Permanent Select Committee on Intelligence); Chairman Elijah E. Cummings (Committee on White House Oversight; and Chairman Eliot L. Engel (House Committee on Foreign Affairs) continue sending carefully worded letters under the guise of ‘subpoenas’. [Main Link Here]
Again, just like all prior examples, this is not a “subpoena”, it is a letter calling itself a “subpoena” and carries NO legal penalty for non-compliance. A legislative “letter” needs to carry judicial enforcement authority –A PENALTY– in order to be a “subpoena”.
There is no penalty that can be associated with these demands because the Legislative Branch has not established compulsion authority (aka judicial enforcement authority), as they attempt to work through their non-constitutional “impeachment inquiry” process.
It has long been well established by SCOTUS that Congress has lawful (judicial authority) subpoena powers pursuant to its implied responsibility of legislative oversight. However, that only applies to the powers enumerated in A1§8. Neither foreign policy (Ukraine) nor impeachment have any nexus to A1§8. The customary Legislative Branch subpoena power is limited to their legislative purpose.
There is an elevated level of subpoena, made power possible by SCOTUS precedent, that carries inherent penalties for non-compliance, and is specifically allowed for impeachment investigations. That level of elevated House authority requires a full House authorization vote.
In this current example the Legislative Branch is expressing their “impeachment authority” as part of the Legislative Branch purpose. So that raises the issue of an entirely different type of subpoena:… A demand from congress that penetrates the constitutional separation of powers; and further penetrates the legal authority of Executive Branch executive privilege.
It was separately established by SCOTUS during the Nixon impeachment investigation that *IF* the full House votes to have the Judiciary Committee commence an impeachment investigation, then Judiciary (only) has subpoena power that can overcome executive privilege claims.
There has been NO VOTE to create that level of subpoena power.
As a consequence, the House has not created a process to penetrate the constitutionally inherent separation of powers, and/or, the legally recognized firewall known as ‘executive privilege’. The House must vote to authorize the committee impeachment investigation, and through that process the committee gains judicial enforcement authority. This creates the penalty for non-compliance with an impeachment subpoena.
A demand letter only becomes a “subpoena”, technically meaning: ‘a request for the production of documents with a penalty for non-compliance’, when the committee has judicial enforcement authority. That process establishes an enforcement penalty.
The current demand letters cannot carry a penalty because the demands do not contain judicial enforcement authority…. because the impeachment investigation was not authorized by the chamber.
The reason judicial enforcement authority is constitutionally required is because creating Judicial enforcement authority, creating the penalty for non-compliance, gives the Executive Branch a process to appeal any legislative demand via the Judicial Branch (federal courts).
Absent a penalty for non-compliance, which factually makes a subpoena a ‘subpoena’, the Executive Branch has no process to engage an appellate review by federal courts. This is the purposeful trick within the Pelosi/Lawfare road-map.
Pelosi and Lawfare’s plans are designed for public consumption; she/they are creating the illusion of something that doesn’t exist. The purpose of all this fraudulent impeachment activity is to create support for an actual impeachment process.
Because the current Lawfare/Pelosi roadmap intends to work around judicial enforcement authority, the impeachment process is destined by design to end up running head-first into a constitutional problem; specifically separation of power and executive privilege. That predictable constitutional issue will end up with arguments to The Supreme Court.
THAT appears to be why Democrats and left-wing activists have been working for months to de-legitimize the Supreme Court. They always intended to run into this problem. They planned for it.
The Lawfare impeachment road-map is designed to conflict with the constitution. It is a necessary -and unavoidable- feature of their impeachment plan, not a flaw.