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Senate Judiciary Committee Chairman Lindsey Graham, RS.C., could complain about the day he sided with Donald Trump Jr. against a valid summons from the Ontario Human Rights Commission. Senate intelligence.
Graham's view that Trump Jr. refused to testify was in principle out of order and could be detrimental to the work of his own committee in practice.
Graham first stated that Trump Jr. should even refuse to appear before the Intelligence Committee. At least he later changed his mind. Now, he says that he meant that the president's son had to technically comply with the summons by appearing at an Intelligence Committee hearing, but then refuse to answer any questions by pleading the Fifth Amendment .
The initial statement was worse, even frightful, but even the amended advice is wrong.
A congressional subpoena, like that of a court, is a binding legal summons. The only valid reason for refusing to comply is if the subpoena requests information or evidence that it is illegal to provide the person summoned to appear. Simple policy disagreements or simple inconveniences ("I've already answered some of their questions!") Do not constitute valid excuses. Graham himself had already emphasized this point in 1998 when he had pleaded for an impeachment of Bill Clinton, then president.
Congressional oversight – on the executive, on law enforcement, and intelligence-gathering by the United States – is an essential part of constitutional government. The courts have repeatedly recognized the necessary and substantial supervisory power. Indeed, the control exercised by the elected representatives of the people constitutes an essential guarantee of freedom.
Graham knows it. Moreover, in very practical terms, he should appreciate the authority of control and assignment even more than most others. The judicial committee that Graham leads is historically one of the committees that needs it the most and uses the power of summons. By openly declaring that a citizen should ignore or undermine a subpoena, he weakens his own reputation, at least morally and perhaps legally, if, as president, he wishes to issue subpoenas to his office. to come up.
Graham also undermines Senate traditions and courtesy by disrespecting a parity committee chair equal to the one he now has against the Chairman of the Intelligence Committee, Richard Burr, R-N.C. The insult is particularly pronounced when it is inflicted on a president of his own party, and in this case also on a neighboring state.
The damage was mitigated, but slightly, when Graham made it clear that he thought Trump Jr. should comply, but that he "was taking the fifth." While paying a late tribute to the importance of preserving the statutory powers of subpoena to testify of the Congress, Graham still advises witness to conceal information to another committee and its chairman deemed essential for the purpose. national interest. Since this committee is an intelligence service, because of the implications for national security and often secrecy, Graham could theoretically undermine a particularly important investigation that he does not fully understand.
The only ground raised by Graham is that he thinks it is important that the investigation of Russian perfidy be "over". Well, who is he to say? the criminal The survey may have been largely in progress, but that does not mean that there is no end in sight as to the crucial underlying reason for the decision. intelligence investigation first: learn how the Russians tried to subvert the US elections.
Counseling someone to "take the fifth" involves both that person remains criminally liable (which is probably not the case here) and that knowing it is irrelevant to Congress in the protection of American security. Both hypotheses are probably wrong.
Graham's advice is therefore inconsiderate and potentially dangerous.
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