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Dan Goldman on Trump Subpoena Consequences and DOJ Investigations

Brian Tyler CohenOctober 23, 202221 min475,336 views
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Consequences for Ignoring Subpoenas

  • ⚠️ Ignoring a congressional subpoena can lead to criminal contempt charges, as seen with Steve Bannon.
  • ⚖️ However, prosecuting a former president for ignoring a subpoena involves complex separation of powers issues and constitutional questions, making it unlikely for the DOJ to pursue.
  • ⏳ The process for criminal contempt requires a full House vote and referral to the DOJ, which is a lengthy procedure unlikely to be completed in the remaining months of a Congress.

DOJ Investigation Pace and Challenges

  • ⏳ The DOJ's investigation into Donald Trump's actions surrounding January 6th is perceived as having taken too long to move from those involved in the invasion to the broader conspiracy.
  • 🔍 While the DOJ is now proceeding with full force, preparing an indictment requires extensive work, including dealing with evidence rules, witness cross-examination, and meeting the beyond a reasonable doubt standard.
  • 📚 The January 6th committee hearings have provided a visual roadmap of potential charges, making it easier for the DOJ to explain its case to the public, but the committee's presentation differs from the rigorous legal standards of a criminal investigation.

January 6th Committee's Role and Potential Indictment

  • 💡 The January 6th committee has established a rebuttable presumption that Donald Trump should be indicted, based on the evidence presented.
  • 🧐 However, there may be undisclosed information or witnesses that the DOJ has access to, which could potentially rebut the expectation of charges.
  • 🎭 The committee's hearings, while effective in presenting a compelling narrative, lack the adversarial element of cross-examination, which is crucial for uncovering contradictions and determining truth.

Congressional Oversight and Democratic Values

  • 🏛️ A significant focus for the next two years in Congress will be oversight of government to protect democratic values from internal threats.
  • 🗳️ There is a strong concern about Republican legislatures passing laws designed to allow partisan officials to overturn election results, threatening voting rights and free and fair elections.
  • 📜 The Electoral Count Reform Act is seen as a crucial piece of legislation to help prevent such occurrences.

Policy Priorities and Political Landscape

  • ⚖️ Key policy priorities include criminal justice reform, drawing on experience with mass incarceration and the discriminatory impact of the current system.
  • 👶 Early childhood education and development, including universal daycare, is highlighted for its positive long-term outcomes for children and support for working parents.
  • 🏘️ Addressing the affordable housing crisis, including providing transitional and supportive housing, is another critical focus.
  • 🚨 The prospect of a Republican House majority brings threats of frivolous investigations and a refusal to govern in good faith, potentially stalling legislative progress.

Message to Voters

  • 🚩 The Republican Party under Donald Trump's control is viewed as a bad faith actor solely focused on gaining power, rather than governing or serving the public interest.
  • 🚫 Voters are urged to recognize this behavior and vote against such candidates, as they are expected to prioritize retribution and partisan investigations over actual governance.
  • 📊 The contrast is drawn between Democrats focusing on policy achievements like climate change funding and healthcare affordability, versus Republicans offering
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What’s Discussed

Trump SubpoenaCriminal ContemptDOJ InvestigationJanuary 6 CommitteeDonald TrumpSeparation of PowersCongressional OversightElectoral ReformCriminal Justice ReformEarly Childhood EducationAffordable HousingRepublican PartyDemocratic ValuesImpeachment
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