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Democrats haven’t even gotten their gavels yet, and Stephen Miller — who started as White House chief of staff Monday — is already their first target. On The Will Cain Show, former Justice Department lawyer John Yoo explained the problem: “Congress doesn’t just have a fishing permit to conduct investigations of whoever it wants for whatever reason,” White House aides have a long tradition of not testifying, and “Congress is not allowed to prosecute people.” If Robert Garcia wants immigration answers, Yoo says, ask DHS.
The law backs the point. In Trump v. Mazars (2020), the Supreme Court held that a congressional subpoena must serve a valid legislative purpose, and Watkins v. United States (1957) held Congress has no power to expose for the sake of exposure. And the privilege Democrats now want to wave away is one their own presidents used: Obama invoked executive privilege over Fast and Furious documents in June 2012 (the House voted 255–67 to hold Eric Holder in contempt while Nancy Pelosi and other Democrats walked out), and Biden claimed privilege over the Hur audio in May 2024 (House contempt vote against Merrick Garland: 216–207). Meanwhile Trump aide Peter Navarro served four months in prison for defying a January 6 committee subpoena.
Is this oversight or a fishing expedition? Tell me in the comments — and if you read this far, comment FISHING PERMIT.
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