House can subpoena WH counsel Don McGahn , appeals court rules

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Friday’s appeals court ruling was 7-2. Two Trump-appointed DC Circuit judges, Neomi Rao and Greg Katsas, did not hear the case after apparently recusing themselves.
Why would they recuse themselves? Chief Justice Roberts told us there are no Obama judges, no Bush judges.
No need to recuse.
 
I am wondering, what happened to office of “Sergeant at Arms”, and the power of the House to issue a penalty - for example - 10000 dollars a daily fine and incarceration? During the Nixon trial, even the threat was sufficient to force compliance. So it would WORK.
 
Doesn’t matter. Read what Chief Justice Roberts wrote.
Did he mention recusal? Is he on the court of appeals?

If they worked for Justice previously the judges may have worked on this very case. That could be why they recused themselves – not because there are Trump judges or Obama judges. Rhenquist recused himself from some of the Watergate cases.
 
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Did he mention recusal? Is he on the court of appeals?

If they worked for Justice previously the judges may have worked on this very case. That could be why they recused themselves – not because there are Trump judges or Obama judges. Rhenquist recused himself from some of the Watergate cases.
And?
There seems to be a different paradigm now. The expectationS seem to be different.
I’m just asking the question. If there are no Trump judges, then their work in the Justice department shouldn’t matter.
 
If there are no Trump judges, then their work in the Justice department shouldn’t matter.
Wrong! If they represented the DOJ on this very case previously it would be a conflict of interest for them to decide the case now, seeing as they would have confidential information about one side. Thus they would have to choose recusal.
 
Wrong! If they represented the DOJ on this very case previously it would be a conflict of interest for them to decide the case now, seeing as they would have confidential information about one side. Thus they would have to choose recusal.
It would only be a conflict of interest if there are Trump judges and Obama judges. We were told they do not exist. Once on the bench, they are no longer political.
 
Did he mention recusal? Is he on the court of appeals?

If they worked for Justice previously the judges may have worked on this very case. That could be why they recused themselves – not because there are Trump judges or Obama judges. Rhenquist recused himself from some of the Watergate cases.
Wrong! If they represented the DOJ on this very case previously it would be a conflict of interest for them to decide the case now, seeing as they would have confidential information about one side. Thus they would have to choose recusal.
You are wrong on the law. Repeating yourself is not explanation.
I agree with Nepperhan.

Rao worked for the Bush Admin White House Council and Staffer on Senate Judiciary Committee and Trump’s Administrator of a Department and clerked for Justice Clarence Thomas.
It is prudent for a recusal.

Katsas served in the Dept of Justice, served in Trump’s White House Council and clerked also for Justice Clarence Thomas in both his capacities.
It is prudent for a recusal.
 
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