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kingfallstranscripts-blog · 7 years

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Episode 15: Stormy Weather, More at Eleven

(King Falls AM Theme plays)

Ben: Can we please play it again, Sammy?

Sammy: Oh, will you stop it?

Ben: Think of it as my early Christmas present! Just one more time!

Sammy: You are way too happy about this, Ben.

Ben: It’s like watching Van Gogh paint Starry Night, Sammy. But backwards and then exploding like fireworks right before our very eyes.

Sammy: Or ears, in this case.

Ben: Well, yeah, of course ears. You get it, people.

Sammy: So, is this on your schedule, Ben?

Ben: You know that it isn’t. Just give me that one tiny sliver of happiness. I need this! It completes me.

Sammy: You are evil. And that is why we get along so well.

Ben: *laughs*

Sammy: Roll the damn tape!

Ben: Yes!

(Channel 13 Tape Starts)

Storm Sanders: Are we f**kin live, yall? I got sh*t to – (in professional voice) Good evening, ladies and gentlemen. This is your friendly neighborhood weatherman, Storm Sanders. And boy do we have some interesting weather here in the next *hiccups* few days.

Maggie: Storm are you feeling alright?

Storm: Maggie, you bet your motha (censored) ass I’m alright. Let’s just get to the forecast on yours truly today. Storms feelin’… partly cloudy with 100% chance of makin it rain down at the Red Rock bar. Holla at cha *hiccup* boy, Chet! Stacks on deck.

Maggie: Umm, we’re live Storm. If you could just get to the actual weather report –

Storm: F**k yo weather. You got a brain. Open the window and see if it’s hot. If it’s hot? I can’t change that s**t! If it’s cold? Put some more clothes on! If Steve will let you cover up those big ol’ t**ties!

Maggie: Storm!

Storm: Maaaaan, f**k it. Who the f**k even needs a weather report these days? It’s on ya phone! It’s on ya twitter! If I say it’s gonna rain it ain’t gonna change a f**kin thing! Mannnn, my skin feels weird.

(Tape cuts out)

Ben: *laughing hysterically*

Sammy: You are taking way too much pleasure in this.

Ben: Channel 13! Giving you all the news and weather you can handle.

Sammy: He isn’t wrong.

Ben: Ladies and gentlemen, if you missed that on your local news this evening, his words were only bleeped on King Falls AM. I’m sure if you YouTube it… *laughs* oh man. How long before somebody auto-tunes that?

Sammy: Moving forward, what’ve we got in store this evening?

Ben: If you or somebody you know knows how to do those talking music things, give us a call or tweet us @KingFallsAM.

Sammy: Ben…

Ben: I’m sorry. It’s just that we don’t get to win much around here, Sammy. We should enjoy these moments.

Sammy: If this were any other news station would you be this happy?

Ben: No, but Channel 13 is the hub of all evil. If you told me -

Sammy: AGAIN, moving forward… what do we have on tab for the rest of the evening?

Ben: Ahem… can we do a weather report?

Sammy: You’re a child!

Ben: *laughing* Okay, folks, we’ve actually got some good stuff coming up in the next hour. Mr. Ron Begley from Begley’s Bait & Tackle will be visiting the show and talking to us about the 5th annual Bare Back Bear Festival.

Sammy: *laughs incredulously* Wow, uh, ya know, I guess I shouldn’t be that surprised.

Ben: I don’t get it. W-why are you laughing? You think riding a bear without a saddle is easy?

Sammy: Ben…your naivety brightens my day.

Ben: Whatever…Sammy. Anyway, coming up at the 5 o’clock hour, we’ve got Linda Miles over at King Falls Gazette calling in to give us the weekly Tim Jenson update.

Sammy: And hopefully filling us in with some good news. It sounds like we have a hell of a show happening, so stay tuned kids. We’re gonna pay some bills and hear a few words from our sponsors. We’ll be right back, King Falls.

(Jazz Music Plays)

“Ah, yeah. You’ve got the one and only Chet Sebastian here wishing all y’all out there the happiest of holiday seasons. This time of year you’re always on the lookout for a gift that’s gonna get ya a little something extra, and old Chet is here to deliver “Chet Sebastian’s Honey Pot of Horns”. A classy lady can’t so no to a man that knows his smooth jazz. With my newest album “Chest Sebastian’s Honey Pot of Horns”, you’ll look like the damn Albert Einstein of the brass section. Whether you’re a-givin or receivin. “Honey Pot of Horns” is a surefire way for a happier Hanukkah, a crazier Kwanza, a kinkier Christmas. No downloads here, cause a real man only spins vinyl for his lucky lady. Be Merry, you sexy thangs”

(Welcome to 660 theme plays)

Sammy: So, have you picked up Chet’s new album for that someone special in your life, Ben?

Ben: *chuckles* Dude, no. I love Chet, like you love a creepy masochistic uncle, but I can’t give that record to Emily.

Sammy: I hear classy ladies -

Ben: Don’t

Sammy: *laughs* Alright, folks. We’re gonna take some calls here while we wait on Ron to make his way into the studio. Give us a call 424-279-3858.

Ben: Or tweet us over at twitter @KingFallsAM. We gonna go with any particular topic or –

Sammy: We aren’t talking about Storm if that’s what you’re getting at.

Ben: Dammittttt. Line 5! You’re on with Sammy and Ben.

Cynthia: Ben Arnold! You ought to be ashamed of yourself! Making fun of poor Storm Sanders tonight.

Ben: Oh, come on! Channel 13 would jump at the chance to destroy us. One of their stupid “For the King Falls Community” investigations. Serves them right!

Cynthia: You’re just so much better than all of us, aren’t you, Ben? Why don’t you just move out of King Falls and go do your radio show in some metropolis or something!

Sammy: Cynthia, while I understand your frustration with Ben’s…giddiness, I –

Cynthia: Don’t give me any of your mumbo jumbo, Sammy. You’re high salutin, too! You’re probably doing this for “Make a Wish” kids or some sort of tax evasion scheme.

Sammy: What?!

Ben: Cynthia, I don’t understand this anger, even from you, tonight.

Cynthia: I just think you need to think before you poke fun. You of all people should know this isn’t as cut and dry as it looks.

Sammy: What are you getting at Cynthia?

Ben: *from the side of his mouth* She’s probably on the sauce that Storm is on…

Cynthia: He said his skin felt weird, idiots! Or did you miss that with all your jackass laughing, Ben?

Ben: Wait, are you sure about that?

Cynthia: 100%, because I wasn’t acting a fool when a man was having a crisis live on the television!

Ben: This isn’t good…

Sammy: What am I missing here?

Cynthia: Guess they don’t teach that kind of stuff at the Connecticut School of Broadcasting, do they, Sammy?

Sammy: Okay, first off, Cynthia, I did not go to that school. Second off –

Ben: His skin felt weird, Sammy.

Cynthia: Maybe if you paid attention in Simple Possessions and Hauntings 101 –

Ben: I’ll take it from here. Cynthia, have a great night.

Cynthia: Oh, of course you’re hanging up on me! High and mighty King Falls AM. You’ll see…

Ben: I didn’t hang up, Cynthia. But we gotta put the wheels in motion here.

Cynthia: Oh, please. You don’t have to sweet talk me. *hangs up*

Sammy: What’s the deal, Ben?

Ben: I should’ve seen this before. DAMMIT. I let my hatred from that terrible excuse for a news organization cloud my judgement.

Sammy: Are you gonna tell me what’s going on, or should I just make up my own thing here?

Ben: Sorry, Sammy. Legend has it, when certain types of spirits take a hold of a person…

Sammy: Uh-huh… “legend has it”…I see.

Ben: Don’t look at me like – forget it! It’s like a possession.

Sammy: Oh, like The Exorcist.

Ben: Kinda like it, but actually scary.

Sammy: Have you seen The Exorcist?!

Ben: I’m being serious! We need to get ahold of Storm. Folks, if you know Storm Sanders personally or can get us in touch with him, please dial in to the show- 424-279-3858.

Sammy: This is for real?

Ben: I’m a little worried. Cynthia, if you haven’t turned off the show in a blind rage, THANK YOU. Thank you for point this out to us.

Sammy: Okay, we’ve got some phone action. Line 12 you’re on King Falls AM.

Troy: Hey, Sammy. Ben.

Ben: We can’t do this right now, Troy.

Troy: I’m callin’ to make peace, Ben. The SS Friendship is ready to dock. All aboard.

Ben: *disconnects call* Not now, Troy! We’ve got a situation!

Sammy: Did you just hang up on Troy?!

Ben: Sammy, this is life or death! Line 5, this is Sammy and Ben.

Herschel: Alright listen you two dumbasses. This Storm fella looks like he’s about a medium build, maybe a buck 180. You get yourselves a gunny sack, some come-along straps, and a roll of duct tape. You meet me 19 clicks from Old Rose’s café at 0400 hours-

Ben: *disconnects call* Sorry, Herschel. You can cuss extra at us later.

Sammy: Oh, he’s gonna.

Ben: Line 10, hello?

Caller: *Native American inflection* Ben is right to be worried.

Sammy: And who are we speaking with?

Ben: Have you seen him tonight, sir?

Caller: I watched his outburst on the television. I have been driving around downtown and around the station for the last few hours. No luck.

Ben: So, you’re out actively looking for him?

Sammy: Have you tried the Red Rock bar, perhaps?

Ben: Not now, Sammy. I’m sorry – who is this?

Caller: This is Walt. That is all you will get.

Ben: Fair enough. So you know the legend?

Walt: I know the truth. Saying “legend” makes it seem like people haven’t seen it with their own eyes. Or lived it. I have done both.

Sammy: Can one of you two please explain what we are so worried for myself and for the listeners?

Ben: Legend has it – ah sorry- uh, the story goes that…well, I said it was like possession, but really, it’s like a hostile takeover of your mind, body, and soul. Is that right, Walt?

Walt: My people tell stories of men with evil hearts living outside Hatchineha lands. Their only purpose on this earth is to claim others as they once were claimed.

Ben: They call them skinwalkers, Sammy.

Sammy: Not…the best sounding thing to hear on a late night, but… please continue, Walt.

Walt: These men, if you can call them that, tampered with things they should not have tampered with. They became things one should not be. They have the ability to go in one form and out to another as they please. All while searching to make more of their kind.

Sammy: Okay, well as much as I don’t like this or hardly believe it, what does this have to do with Storm Sanders?

Ben: That’s the interesting part, Sammy. When confronted and converted, I guess you could say, victims start to act in certain ways.

Sammy: Certain, drunken way. If every guy I’ve seen hammered in a bar who sing-cries his way through an 80’s love ballad is a skinwalker, then we are all in deep trouble.

Ben: Not the drunken thing. An uneasiness in one’s body.

Walt: They begin to exhibit signs of outer sickness: fever, sweats, an itching.

Ben: An itching so bad that…they try to peel their skin off.

Sammy: So they’re the werewolves from Route 72?

Walt: No!

Ben: No way!

Sammy: Guys! I’m just trying to grasp this. I’m a pretty piss poor cryptozoologist and let’s be honest, skinwalker sound like it’d be a term for a naked zombie.

Ben: Whatever, Sammy. Keep cracking jokes.

Walt: I need to pay better attention to my tracking, gentlemen. I’m going to let you go. Be well, be safe.

Ben: Thank you so much for the call, Walt. Stay in touch, please.

Walt: Only if I have to. *hangs up*

Sammy: So, you heard it, kids. If you should happen upon your local weatherman… *sighs* You know, I had a joke here. What should I say if they do see him?

Ben: *flustered* DO NOT LOOK HIM IN THE EYES. Stay calm, get to a phone, and call us at the station.

Sammy: Or a dog catcher. We don’t need a ton of guys to go pick this guy up. He’s dangerous, if not to us, then to himself.

Ben: Call the sheriff’s office, guys. Be safe and be aware of your surroundings.

Sammy: Okay. Let’s take another caller, Ben.

Ben: Let’s do it. Line 9, welcome to King Falls AM with Sammy and Ben.

Troy: Ben, don’t you hang up on me. I’m growin real tired of hearing your little pity party every night. I’m tryin to make this right. Now listen, I’ve got an idea…and it is a good one.

Ben: Ho! That’s a first. Is this you trying to get in my good graces by finding the weatherman?

Troy: I don’t give two shakes of a lambs (censored) about a weatherman, Ben. I just want things to be right with us again.

Ben: There is no us, Troy.

Sammy: Let’s just calm down fellas.

Ben: I’ll make this quick, Sammy. You gonna avenge Serendipity the sugar glider, Troy?

Troy: Oh come on, man. You know I can’t.

Ben: Then this conversation is over. AGAIN. For the last time.

Troy: It’s Christmas time, Ben…or Hanukah, or Kwanza…can’t you find it in your heart to forgive?

Ben: YEAH, I don’t think so. Put me on the naughty list. Bye, Troy.

Troy: There ain’t nothin but friendship goin in your stocking at my house, Ben. I’m gonna fix this, future buddy. You’ll see. *hangs up*

Ben: Don’t look at me like that, Sammy. Let’s take another call.

Sammy: I just think you’re being a little harsh, that’s all. You’re amped up, you’re hanging up on friends of the show, you’re hanging up on listeners.

Ben: Okay, Troy is not a friend of the show…. He’s a friend of the you.

Sammy: Ben…

Ben: Don’t “Bennnn” me, Sammy. Can we just get back to the task at hand?

Sammy: Yes. Folks, if you’d like to get hung up on by us, please give us a call 424 –

Ben: Lucky Line 1! You’re live on the air.

Caller: *talking very fast* Yeah, uh, thanks for taking my call. I’d like to talk about city ordinance 44812-36. Uh, these politicians think they can pull the wool over our eyes again! But some of –

Ben: Sorry to cut you off, sir, but we’ve got to a station emergency happening. Give us a call back next week when councilmen Davidson is on.

Caller: Media Puppet! …. bye.

Sammy: Storm isn’t gonna call in himself, Ben. Maybe we need to take a break and re-group here.

Ben: I’m just worried, man. I don’t think you get how bad this is.

Sammy: I don’t ever get how bad any of this is. Does… skinwalking happen a lot?

Ben: Well, the Hatchineha Indians believed it did. It’s just a scary bedtime story to the King Falls kids I guess, but for the first time I feel like this might be a real thing.

Sammy: Are you sure it’s not just the clowns down at Channel 13? Like, you really believe this?

Ben: I believe that they believe it… and I believe they know more about it than we ever will. Think about it. Just crossing paths with one of these evil ass beings, animals, spirits, what-have-you…and you’re toast. If you look it in the eyes it locks eyes with you then there is no more you.

Sammy: It’s an unsettling thought.

Ben: Skinwalkers, man. Wicked spirits taking the form of different things i.e – news reporters! Looking to just suck the soul right out of you! It’s like pure frickin’ evil! I just want everyone listening to be safe.

Sammy: And I think that’s the main point tonight. Stay safe out there, King Falls. I just don’t like this…

Ben: Yeah, I don’t either!

Sammy: Okay, I’m just trying to grasp this – why do you want to find him? And more to the point, why do you want us to find him?

Ben: Same reason Walt was out there searching for Storm. They say if it’s caught in time, it can be reversed. Not by me, obviously, but if we can of service to the community, why wouldn’t we do what we can?

Sammy: *admired silence* You’re a good dude, Ben Arnold. Folks, sit tight. We’re just gonna take a quick minute or two to get everything- *sudden knock at the door* WHAT THE (CENSORED)

Ben: NOT FUNNY, SAMMY.

Sammy: That wasn’t me! That’s the studio door.

Ben: Uhhhh- RECORDING LIGHT IS ON. GO AWAY.

Sammy: *whispering* Oh yeah, I think that did it. *more loud knocking* Dammit. You wanna get that?

Ben: No!

Sammy: Ben! Okay let’s cut to commercial and we’ll answer the door –

Ben: Do not go to commercial! I want whatever happens to be broadcast out to the masses, man.

Sammy: Oh, that’s a great idea. You gunning for the posthumous Pulitzer?

Ben: I’m just gonna dial up Troy… ya know, just in case.

Sammy: You know what, I’m the new guy. Let me answer the door.

Ben: Probably nothing…Oh, uh, maybe it’s Ron! He’s coming in, remember? Good ol’ scaring-the-bejesus-out-of-us Ron.

Sammy: Somehow, I don’t think this is Ron Begley at our door. Be right back…

Ben: That’s the spirit…take the portable mic with you. Hey, um, Sammy?

Sammy: Don’t. *sounds of Sammy walking and opening the door*

Storm: I ain’t the repo man, General (censored). Not answering the door? That’s some way to treat your brother in news reporting.

Ben: Sammy?!

Sammy: *clears throat* Uh, ladies and gentlemen, I’m standing in the parking lot now with Mr. Storm Sanders, Channel 13’s weatherman –

Storm: Ex-Channel 13. Get it right, Sammy.

Ben: *whispering* Don’t look in his eyes, Sammy.

Storm: What’s that?! Why ain’t you lookin at me, Sammy?

Ben: I’m coming, Sammy. Don’t look, man! *sounds of Ben running to Sammy* Don’t look him in the eyes, Sammy!

Storm: Well, hello to you too, Ben.

Ben: Avert your eyes, Sammy!

Storm: You are a rude piece of work, Ben. Look at me!

Ben: *laughs nervously* Yeah, uh, I’m not gonna do that.

Storm: What the (censored) are you two up to?!

Sammy: Ya know, okay *sighs* after seeing your outburst –

Storm: Is it cold out here to you?

Sammy: Ben – I, uh, we… King Falls, uh… we’re all a little worried that maybe, uh -

Storm: That what?! I ain’t got all night.

Ben: Well… it’s not like you’re gonna make the morning forecast *light laugh*

Storm: That’s uncalled for! But true. Spit it out, Sammy.

Sammy: Well, Ben, me, we…uh, we? We think that –

Storm: Phew, where’s ya thermostat boys?

Sammy: … We’re outside.

Storm: It’s hot as fire out here! Like ya junk once you landed one of Chet’s old ladies. Know what I mean? Are y’all feelin this (censored)?

Sammy: Storm! Focus! Ben thinks that, uh –

Ben: FACE IT, STORM! You’re a skinwalker! You’re a goner, man! Get outta here before you pass your soul eating virus on to us!

Sammy: What he said.

Storm: A skinwalker? A SKINWALKER?! You been lookin for my ass all night in this rinky dink little station just to call me on some voodoo (censored)?! I don’t like the cut of your jib, Ben. And - *faints*

Sammy: He- he just died, right? Is he dead?

Ben: He’s still breathing. What the HELL was that?

Sammy: I’m guessing Storm was going off the reservation and passing out, ladies and gents. *sounds of distant footsteps approaching* Not completely sure what we – WHAT THE- WHO ARE YOU?! What are you doing here?!

Walt: *sighs* Saving your lives. Thank me later. Now, grab his feet.

Ben: Walt?

Walt: That’s all you’ll get…

Ben: If Storm wakes up, don’t look in his eyes, Sammy!

Sammy: You know, I think I’ve got it now. Will you just stop standing there and give us a hand, please?

Ben: (censored) damn Channel 13, man!

#king falls #king falls am #kfam #podcast #podcast transcript #15 #stormy weather more at eleven #transcript

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maxwellyjordan · 5 years

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Symposium: No. The founders did not want Congress doing criminal investigations – even of Trump

Burlette Carter is a professor emerita of law at the George Washington University Law School and author of “Can a Sitting President Be Federally Prosecuted: The Founders Answer.” She filed an amicus brief in support of reversal in Trump v. Mazars.

On March 31, the Supreme Court will hear oral argument in Trump v. Mazars and Trump v. Deutsche Bank. These consolidated cases involve subpoenas issued by three House of Representatives committees: the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence and the Financial Services Committee. The subpoenas seek the personal financial records of President Donald Trump relating to periods both before and after he became president. Trump challenges them in his personal capacity and argues, among other things, that the House is violating separation of powers by impermissibly pursuing a law-enforcement function. Both the U.S. Court of Appeals for the District of Columbia Circuit in Mazars and the U.S. Court of Appeals for the 2nd Circuit in Deutsche Bank have upheld the subpoenas. But in my amicus brief, I raise a novel question of whether the committees had subject matter jurisdiction to issue the subpoenas under either House rules or the impeachment clause of the Constitution. I also argue that, unfortunately, the focus on Trump has obscured the real threat that such a broad construction of committee powers poses to the constitutional rights of ordinary American citizens.

To appreciate these concerns, one must briefly review the facts. These subpoenas arise out of various efforts by House Democrats to investigate Trump. During the 2016 campaign, unlike other candidates, Trump did not voluntarily disclose his tax returns. Rumors later swirled that they reflected financial improprieties. In 2018, Trump was publicly accused of failing to report, as a 2016 campaign contribution, a payment made on his behalf by former lawyer and business associate Michael Cohen. Allegedly, Cohen made the payment to silence a Trump mistress. In May of 2018, the director of the Office of Government Ethics, responding to a complaint from an advocacy group, concluded that the Cohen “loan” should have been reported as a campaign contribution. The director so advised the Department of Justice, but it had previously concluded that the president cannot be prosecuted while in office. As the minority party, Democrats made several unsuccessful attempts to investigate these and other matters related to Trump.

Democrats won a House majority in the 2018 election. In January 2019, through little-noticed changes contained in House Resolution 6, the House amended Rule X(3)(i), which defined “special oversight functions” of the Oversight Committee. Originally, the rule provided that the Oversight Committee would “review and study on a continuing basis the operation of Government activities at all levels with a view to determining their economy and efficiency.” The 2019 amendments struck the words “with a view to determining their economy and efficiency” and replaced them with “including the Executive Office of the President.” Another amendment eliminated the word “Government” from the name of the Oversight Committee. Instead of the “Committee on Oversight and Government Reform,” it became the “Committee on Oversight and Reform.”

In February, the House leadership’s longstanding efforts to secure the informal cooperation and formal testimony of Michael Cohen paid off. Cohen had already pled guilty to lying before congressional committees investigating Russian meddling in the 2016 election. But before the Oversight and Intelligence Committees, Cohen did more than correct that prior testimony and testify about the 2016 “hush money.” He also accused Trump of committing various financial crimes prior to assuming the presidency. He provided or verified the names of financial institutions with which Trump, his family and Trump-related entities dealt. (Rumors had been reported in the press.) He provided documents from his files. All this occurred without concern as to privileges. The subpoenas of the three committees in these cases followed that testimony. After the testimony, on July 24, 2019, the House passed House Resolution 507, which purported to retroactively “affirm the validity” of all committee subpoenas.

In August of 2019, House Judiciary Committee Chair Jerry Nadler stated on Erin Burnett’s show, OutFront, that his committee was conducting formal impeachment proceedings. In September, Speaker of the House Nancy Pelosi announced that she was directing “six committees to proceed with their investigation under [the] umbrella of impeachment inquiry.” Pelosi focused on allegations that the president had sought the aid of a foreign government in interfering with elections.

The whole House did not speak again until October 10. In House Resolution 660, it “[d]irect[ed] certain committees to continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds exist for the House of Representatives to exercise its Constitutional power to impeach Donald John Trump … and for other purposes.” Note that H.R. 660 appeared to be another attempt to ratify prior committee actions.

We must adjudge the committees’ claims against this backdrop. First, let us consult constitutional history. The British Parliament had the power to bring and investigate criminal charges against any individual. That power was called its power of impeachment. It shared this power with crown prosecutors and common law courts. The Founders rejected this model, narrowing the meaning of “impeachment” to crimes committed by government officials while in office. As for the parts of the Parliament’s impeachment power that affected ordinary citizens, the Founders centralized that power in the executive and judicial branches. They recognized this division of power when they provided in Article I Section 3 of the Constitution that, after a conviction and removal by impeachment, a president will be subject to “Indictment, Trial, Judgment and Punishment” in common law courts. This history indicates that Congress has no power to conduct criminal investigations outside of impeachment.

Second, impeachment was a “high privilege” of the British House of Commons. It is also a high privilege of the House of Representatives. Indeed, under Article II Section 2 Clause 5, the House has the “sole right” to impeach. This privileged status compels the conclusion that committees with only general jurisdiction cannot decide for themselves when their own impeachment or prosecutorial jurisdiction begins. At a minimum, they need specific jurisdiction.

Third, the Founders went further. Having experienced unfair crown prosecutions as British subjects, they set forth constitutional protections for the accused in common law trials. It would be odd indeed for the Founders to have done so, but then to have given Congress, with its well-recognized political aspects, broad power to wade into criminal prosecutions outside of impeachment. Congressional investigations could very easily undermine the rights of the accused and the public to a fair trial.

Fourth, the committees’ actions do not measure up well against traditional notions of “oversight” jurisdiction. “Oversight” has traditionally meant the authority to investigate matters of general applicability, not the authority to investigate specific accusations of personal misconduct. Notably, the words House Democrats struck in the January 2019 rules amendments mentioned above—“with a view toward determining their economy and efficiency”—date back to the Legislative Reorganization Act of 1946. Those words clearly indicate a focus on the conduct of the government and its officials, not private misconduct. Thus, Gales & Seaton’s Register of Debates in Congress reports that in 1831, former President and then-Representative John Adams said, “This House had not and he hoped there never would be occasion for a standing committee of impeachment.”

Fifth, the plain language of the 2019 House amendments does not support the committees’ broad view of oversight. The term Democrats inserted, “the Executive Office of the President,” cannot reasonably be read as referring to actions by the president, or anyone else, in a personal capacity before being elected.

Finally, the House Judiciary committee opined in 1973 that an officer cannot be impeached for actions taken prior to assuming the office. An exception might exist in a case of a continuing violation that affects the presidency, but in these cases the committees did not utilize impeachment jurisdiction.

The Supreme Court has held that a decision by a tribunal lacking subject matter jurisdiction violates due process. A first-year law student knows that, constitutionally speaking, one cannot retroactively fix a subject matter jurisdiction defect.

Citing cases proclaiming Congress’ broad powers to investigate when there is a legislative purpose, the committees frame these cases as mere inquiries about possible future legislation. The claim does not past the smell test. But also, past cases involved impeachment or specific legislative authorizations, did not involve rights of an accused, or are otherwise distinguishable. The rest of the Constitution is not eclipsed by the fact that Congress can find a legislative purpose for its actions.

The committees also claim that the Oversight Committee’s oversight jurisdiction is coextensive with that of the entire House. If that is true, it swallows up the Constitution, and apart from invading individual rights, it would provide majority parties a surefire way to deprive minority members of their absolute privilege to vote and participate in determining House actions.

In short, in addition to the separation of powers, (1) a House failure to delegate authority, (2) the impeachment clause’s restrictions on House prosecution powers and (3) individual rights secured under the Constitution all are concrete jurisdictional barriers to these subpoenas. The court should find that broad assertions of “legislative purpose” simply cannot survive these constitutional collisions.

The post Symposium: No. The founders did not want Congress doing criminal investigations – even of Trump appeared first on SCOTUSblog.

from Law https://www.scotusblog.com/2020/03/symposium-no-the-founders-did-not-want-congress-doing-criminal-investigations-even-of-trump/ via http://www.rssmix.com/

#law #justice

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jomfslayah27insurance-blog · 5 years

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cheap insurance near me

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