Key witness tells senators he won't testify at Kavanaugh hearing
Source: Politico
GOP senators are pressing ahead with a rare public hearing next week on Christine Blasey Fords sexual assault allegation against Supreme Court nominee Brett Kavanaugh despite not yet getting her agreement to testify.
Another key witness in Fords decades-old allegation, Kavanaughs high school classmate Mark Judge, also declined to testify Tuesday. Judge, whom Ford says was the third person in the room when Kavanaugh assaulted her, said in a letter to the Senate Judiciary Committee that I have no more information to offer the committee and I do not wish to speak publicly regarding the incidents.
Ford, who has accused Kavanaugh of assaulting her while both were in high school, had not yet confirmed her appearance at the hearing as of Tuesday afternoon, according to top Republicans. But the party is vowing to proceed regardless on Sept. 24, as Democrats slam what they describe as a rushed process designed to push Kavanaugh through to confirmation.
Senate Majority Leader Mitch McConnell (R-Ky.) told reporters Tuesday that Ford would have the opportunity to be heard, whether in public or private, and that hes not concerned about the matter unraveling Kavanaughs nomination.
Read more: https://www.politico.com/story/2018/09/18/grassley-kavanaugh-accuser-hearing-827921
madaboutharry
(40,211 posts)other than Ford and Kavanaugh. This statement was gratuitous.
Fred Sanders
(23,946 posts)not drop everything and fly 2000 miles to be smeared by Eleven Old White Men all to be repeated and smeared endlessly by Fox.
Women voters, have you all taken notice of that?
George II
(67,782 posts)....so she's been given less than a week to make arrangements at home and her job and get flight arrangements.
Ridiculous!
Fred Sanders
(23,946 posts)RockRaven
(14,967 posts)marble falls
(57,093 posts)who went before Congress.
https://www.quora.com/How-does-congress-have-the-power-to-subpoena
To understand this authority, one must consider that a conventional subpoena requesting discovery (usually testimony) or the production of documents or other physical evidence is usually issued by an attorney on behalf the court (in his capacity as an officer of the court) rather than directly by a judge or the court itself. However, such subpoenas, while they should not be ignored, can be challenged before the court itself (typical reasons include undue burden, lack of relevance, etc.). What gives the subpoena "teeth" however is that a court may hold a party in contempt of court if they do not successfully challenge or comply with a subpoena once issued.
It seems that Congress has always believed itself endowed with the authority to also hold people in contempt; in this case contempt of Congress. This authority was recognized by the US Supreme court in 1821 in Anderson V Dunn, and later formally added to the US criminal code in 1857.
Additionally, although not well known, Congress is the Sovereign authority of the District of Columbia (in the limited way that US States are technically legally sovereign). While it is true that Washington D.C. has a town council, and elected mayor, etc which were enacted by laws approved by Congress, Congress has the constitutional authority to override or veto any of their acts or decisions. Thus it has (mostly) the same sovereign authorities as say the State of NY. Further Section I, article 8 of the constitution authorizes Congress to "constitute tribunals inferior to the Supreme Court." Meaning that Congress can create courts (but they must be lower ranking in authority than the US Supreme Court). It has exercised this authority and created numerous US District Courts, including (unsurprisingly) one for the District of Columbia. Congress has, using this authority, enacted rules which allow for congressional committees and/or individual committee chairs to act as officers of the court, and therefore issue subpoenas which, due to the contempt of congress statutes, have teeth.
That said, however, there are some interesting differences between congressional subpoenas and the more conventional civil and criminal counterparts. Among these are:
1. More limited scope, per Wilkinson v US, the subpoena must be related to the committee's or sub-committee's area of authority, the subpoena must be for information/testimony relevant to the matter, and finally, the inquiry must serve a valid and legitimate legislative purpose.
2. Except for the standards above, courts will generally not hear motions to vacate or amend congressional subpoenas, as the article I, section 6 of the constitution states, in part, that Congress "for any Speech or Debate in either House, they shall not be questioned in any other Place." This includes courts, and has been interpreted to mean that congressional investigations and deliberations are beyond the scope of the court's authority to review.
3. Inherent (as opposed to statutory) Contempt of Congress is tried by Congress itself (not a court or heard by a jury), cannot be reviewed by courts, and convictions and punishments are not subject to Presidential pardons. This was upheld by the Supreme Court in Jurney v MacCracken. Although as a practical matter, Inherent Contempt has not been used in almost a century.
SWBTATTReg
(22,129 posts)California_Republic
(1,826 posts)A decree, a summons, warrant, a court order, Subpoena?
PoliticAverse
(26,366 posts)you need to add.
marble falls
(57,093 posts)Gore1FL
(21,132 posts)Pachamama
(16,887 posts)Wouldnt that be a great thing if they could do that....?
marble falls
(57,093 posts)asiliveandbreathe
(8,203 posts)Seems Judge now cannot defend his actions..nor his good buddy kav,,under oath?? - NOT me says Judge.....
Mr.Bill
(24,294 posts)and that in itself would be damning for Kavanaugh.
PoliticAverse
(26,366 posts)Mr.Bill
(24,294 posts)he's never mentioned it to anyone else since it happened.
The Velveteen Ocelot
(115,706 posts)relating to the incident because the statute of limitations ran years ago. There's no reason to invoke the 5th Amendment.
Mr.Bill
(24,294 posts)political jeopardy. And if you can call what he did a felony, there is no statute of limitations in Maryland for felony sex crimes. Also lying to Congress is illegal. If he says he didn't remember it and he recently (or even not so recently) told someone about it, that would be a problem.
The Velveteen Ocelot
(115,706 posts)If the incident had been reported at the time it would have been extremely unlikely that a minor (especially one from a "good family" ) with no prior record would have been charged with anything but a misdemeanor - especially during the early '80s.
Fred Sanders
(23,946 posts)saying anything.
Nothing to say? Then why not say it under oath? Puzzling.
The Velveteen Ocelot
(115,706 posts)Neither Kavanaugh nor Judge has any criminal exposure relating to it.
bench scientist
(1,107 posts)Could Kavanaugh be subject of civil litigation by Dr. Ford though? Defamation, IIED?
Dr. Ford could bring those actions against him after/ depending on his testimony.
The Velveteen Ocelot
(115,706 posts)as a misdemeanor. The perp was a minor with no priors, from "a good family," and this was the early '80s.
bench scientist
(1,107 posts)The Velveteen Ocelot
(115,706 posts)After 30+ years there's not much that can be done, unfortunately.
bench scientist
(1,107 posts)john657
(1,058 posts)no, he isn't, but others are, and quite viciously.
7962
(11,841 posts)So asking him other questions will get no answers other than the standard "I dont recall" or "no"
Whats the point.
Perseus
(4,341 posts)Am I missing something?
If what I understand is true, I think it would be wrong for her to appear while the guy who assaulted her is also in the room. She needs to be able to testify without his interference and I would have to assume that him being there would also be intimidating.
torius
(1,652 posts)If it's true that there's no statute of limitations on sex crimes in MD. She could charge both of them and haul their asses into court.
PoliticAverse
(26,366 posts)Mr.Bill
(24,294 posts)PoliticAverse
(26,366 posts)Mr.Bill
(24,294 posts)bench scientist
(1,107 posts)PoliticAverse
(26,366 posts)More_Cowbell
(2,191 posts)There is one (a year, I think) on misdemeanors.
The Velveteen Ocelot
(115,706 posts)For most misdemeanors it's a year. I don't know how this would have been charged, but I suspect that a minor with no priors probably would be charged with only with a misdemeanor.
Gregory Peccary
(490 posts)Wait, I thought he denied knowing anything at all about the allegation or that anything ever happened, but now he's saying he doesn't want to speak publicly about "the incidents"? That's a whole different statement.
Autumn
(45,091 posts)than just the one incident?
GusBob
(7,286 posts)What's with the plural?
sinkingfeeling
(51,457 posts)JohnnyRingo
(18,633 posts)That sticking up for your buddy thing only goes so far, and Judge never knows when Kavenaugh might break down and admit to it.
Subpoena him anyway. I bet his memory of that night gets very dim.
Salviati
(6,008 posts)JustABozoOnThisBus
(23,341 posts)... doesn't want to talk about the kavanaugh attack that kavanaugh committed while he wasnt there.
Got it.
Cognitive_Resonance
(1,546 posts)duforsure
(11,885 posts)The FBI needs to investigate this or it will only get worse for trump and the kgop , and for liar kavanaugh. They can't let any investigation happen on him now or they'll be exposed they knew a lot of things against him all along and still tried to install him into his position to protect themselves. More will come out showing kavanaugh is corrupt and a liar, and trump and the kgop knew it.