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Law professor’s advice to House Democrats: Arrest Rudy Giuliani

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“The House arresting someone would be explosive and clearly should not be undertaken lightly. But the very explosiveness of it would be a way for the House to signal the seriousness of White House obstructionism to the public.”

Faced with an intransigent White House unwilling to cooperate with an impeachment inquiry into President Donald Trump’s pressuring of the Ukrainian government to investigate his political rival former Vice President Joe Biden, the House should take aggressive action including arresting Rudy Giuliani, a law professor argues in a column for The New York Times Thursday.

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“If necessary, the House should be willing to have these fights.”
—Josh Chafetz, law professor

“The answer is unlikely to be found in a courtroom,” writes law professor Josh Chafetz.

The White House has repeatedly refused to answer subpoenas and on Tuesday afternoon, as Common Dreams reported, announced in an eight page letter that the administration will flatly refuse to cooperate in the inquiry, a move that could set up a constitutional crisis.

“There is no legal basis for Trump’s position,” NBC analyst Katie Phang said on Twitter Tuesday. “Hard stop.”

House Democrats need to think outside the box, Chafetz argues.

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“The House should instead put back on the table the option of using its sergeant-at-arms to arrest contemnors—as the person in violation of the order is called—especially when an individual, like Rudy Giuliani, is not an executive branch official,” Chaftez writes.

Chafetz acknowledges that the move was extreme, but said that the net benefits of taking things to that level would outweigh the possible negatives of such an action and allow for the House to open the door to other punitive actions seen as less radical.

“The House arresting someone would be explosive and clearly should not be undertaken lightly,” says Chafetz. “But the very explosiveness of it would be a way for the House to signal the seriousness of White House obstructionism to the public.”

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On Thursday, Common Dreams reported that two associates of Giuliani’s were arrested for campaign finance violations due to their contributions to Trump in 2016 and 2018.

A number of legal observers endorsed the theoretical framing of Chafetz’s piece while urging readers to manage expectations.

“The idea of doing nothing, and letting congressional subpoenas become voluntary, is likely far more dangerous in the long run.”
—Seth Masket, University of Denver

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“An aggressive strategy might work in Congress’s favor, or it might backfire,” tweeted George Mason University politcal science professor Jennifer N. Victory. “We cannot underestimate the importance of public reaction for providing legitimacy to government actions when we’re in uncharted water.”

University of Denver professor Seth Masket said he saw the logic in that but inaction could prove more costly.

“Agreed that this is a risky strategy, but the idea of doing nothing, and letting congressional subpoenas become voluntary, is likely far more dangerous in the long run,” said Masket.

In his conclusion, Chafetz recognizes the pitfalls of an aggressive approach, but posits that taking such an action is necessary given the administration’s behavior.

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“In the end, whether the House wins that fight, like whether it wins a fight over arresting a contemnor, would be a function of which side best convinces the public,” writes Chafetz. “But President Trump is deeply unpopular, and the public supports impeachment. If necessary, the House should be willing to have these fights.”

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Ron DeSantis warned of COVID exposure after attending Florida sheriffs meeting where 5 tested positive: report

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Top Republican officials in Florida were notified by state health officials of potential exposure to COVID-19 after a Florida Sheriffs Association meeting last week which had five attendees subsequently test positive, FOX 13 reported Monday.

"The July 27 meeting at a Bonita Springs hotel brought together 60 people from across the state, including Gov. Ron DeSantis, Attorney General Ashley Moody, Corrections Secretary Mark Inch, incoming House Speaker Chris Sprowls and sheriffs from various parts of Florida," the station reported.

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Virginia mayor faces calls to resign after claiming Joe Biden had picked Aunt Jemima for VP

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On Monday, WTOP reported that Barry Presgraves, the mayor of Luray, Virginia, faces calls to resign following his post on social media that "Joe Biden has just announced Aunt Jemima as his VP pick."

"Mayor Barry Presgraves has been in office since 2008, but earlier announced he would not seek reelection in 2020. A lifelong town resident, he had previously served on the town council," reported Neal Augenstein. "A screenshot, purportedly from Presgraves’ personal Facebook page, was shared with WTOP but was not online Monday."

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Trump appointee has a Twitter meltdown after public reporting on her far-right beliefs

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A bigoted Trump appointee at the famed U.S. Agency for International Development (USAID) has just quit but not before announcing she is teaming up with infamous conspiracy theorists Jacob Wohl and Jack Burkman at a Thursday press conference, where she will discuss her "Christian beliefs."

Merritt Corrigan, who once complained the U.S. is in the clutches of a “homo-empire” that pushes a “tyrannical LGBT agenda,” according to Pro-Publica, made several announcements via her now unlocked but mostly-all deleted Twitter account.

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