Adam Schiff might be on very shaky ground in using a Congressional subpoena to get phone logs -- and then releasing them to the public. The targets of this action might sue under state law...
David Rivkin
2,518 posts
David Rivkin
@DavidRivkin
Leading #Conservative thinker and media commentator; staunch defender of the Constitution and the Founders vision; committed idealist who loves animals.
- Schiff's 'obstruction' theory. If he were confident in his legal position, he’d want to put the case to a judge. Yet he seems desperate not to. (op-ed in the Wall Street Journal w/ Lee Casey) davidbrivkin.com/schiffs-obstru…
- There’s nothing about impeachment that turns the president into a ward of the legislature. The Executive Branch has a right to defend its constitutional prerogatives, incl. executive privilege. Rejecting House’s demands is an appropriate course of action.
- The "whistleblower" does not have a right to anonymity; at best he would be protected against retaliation in employment. Anyway I doubt he qualifies as a whistleblower. warroom.org/2019/11/05/riv…
- The Constitutional framers would be appalled by the way impeachment is being wielded as a political weapon against President Trump. youtu.be/-HKdhpiWROw
- The warrant enabling the FBI to search #MarALago and seize President Trump's papers had no legal basis: the Presidential Records Act allows him to retain them, and the statutes cited in the warrant do not apply. (WSJ op-ed w/ Lee A. Casey) davidbrivkin.com/the-trump-warr…
- In resolving legal disputes about the counting of ballots after election day, the Supreme Court should strive for speed and clarity. It can do this on the ample basis of numerous previous rulings. (op-ed in the Wall Street Journal w/ Lee Casey) davidbrivkin.com/the-supreme-co…
- The House Democrats’ effort to tie Trump’s hands in Iran would be unconstitutional if it weren’t meaningless. Congress Declares War, but Only the President Can Make It. (op-ed w/ Lee Casey in the Wall Street Journal) davidbrivkin.com/congress-decla…
- Should #COVID19 victims sue China for damages? Default judgments can be used to seize Chinese commercial assets, including proceeds of Chinese exports anywhere in the world. And, litigation discovery is a great vehicle for fact-finding... washingtonpost.com/opinions/2020/…
- In "West Virginia v. the EPA", the Supreme Court takes a big step in restoring our democracy: only when Congress has given legislative approval can administrative agencies impose regulations on businesses & individuals. (Op-ed in the Wall Street Journal) davidbrivkin.com/no-more-defere…
- If the FBI raided Mar-a-Lago in hopes that alleged mishandling of documents could get Trump disqualified from a future presidential run, then their legal understanding is flawed. Only the Constitution determines eligibility for the presidency. (WSJ op-ed) davidbrivkin.com/trump-cant-be-…
- It’s called statecraft for God’s sake. You can disagree with the policies being advanced, but it doesn’t make it a violation of criminal law, it doesn’t make it a violation of high crime and misdemeanor. Every country in the world attaches strings to its aid!
- Watch my commentary on Journal Editorial Reports regarding the abuses of power by House Democrats. youtu.be/tg2DxXaIuRU
- There is nothing inappropriate about asking a foreign country to investigate a U.S. citizen who may have violated the laws of that country.
