Nancy Pelosi thought she had all her ducks in a row.
But Pelosi got hit with a nasty curveball.
And Nancy Pelosi is now facing the one lawsuit she hopes will never make it to court.
Nancy Pelosi’s January 6 Committee is demanding that Trump’s former Chief of Staff, Mark Meadows, divulge conversations he had with Trump about the events of that day.
However, citing Donald Trump’s claim of executive privilege, Meadows is refusing to appear for a deposition.
Pelosi’s committee was about to hold Meadows in contempt of Congress and refer him for criminal prosecution when he filed a lawsuit alleging the entire January 6 committee itself was unconstitutional.
In the lawsuit, Meadows cited the fact that Congress’ subpoena power must come in the service of a legitimate legislative purpose, and that Congress cannot just conduct fact-finding expeditions or usurp the executive branch’s power to conduct criminal investigations.
“The Select Committee acts absent any valid legislative power and threatens to violate longstanding principles of executive privilege and immunity that are of constitutional origin and dimension. Without intervention by this Court, Mr. Meadows faces the harm of both being illegally coerced into violating the Constitution and having a third party involuntarily violate Mr. Meadows rights and the requirements of relevant laws governing records of electronic communications,” the lawsuit read.
Meadows further argued that when Pelosi rejected House Minority Leader Kevin McCarthy’s selection, ranking member Indiana Congressman Jim Banks, she effectively violated the committee’s own authorizing resolution.
Only the Minority Leader can appoint a ranking member to the committee.
And since the committee has no ranking member, it invalidates any subpoena request.
“The Speaker shall appoint 13 Members to the Select Committee, 5 of whom shall be appointed after consultation with the Minority Leader” [emphasis added]. Moreover, the resolution says that subpoenas ‘shall’ only be issued in consultation with the committee’s ranking minority member, and there is no ranking minority member,” the lawsuit adds.
“Authorized congressional committees have subpoena authority implied by Article I of the Constitution. […] The Select Committee, however, is not an authorized congressional committee because it fails to comport with its own authorizing resolution, House Resolution 503,” the lawsuit concluded.
Democrats know that Republicans are likely to win back control of Congress in 2022, meaning this politically-motivated committee will cease to exist in 2023.
That’s why Democrats were hoping to have this committee’s report – which Pelosi expects to serve as the third impeachment of Donald Trump – out by next spring so they could use it in the midterm elections.
But Meadows filing a lawsuit will drag out the proceedings and potentially run the clock out on Democrats.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.