2y ago

How Donald Trump’s DOJ gave Biden a major assist in the coming impeachment probe

The department’s 2020 opinion around Trump's impeachment trial could place some serious constraints on House Republicans now.

In 2020, Trump’s DOJ issued a binding legal opinion that impeachment inquiries are invalid without an official vote of the House.

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Does the DOJ's opinion, binding or not, actually matter with respect to this though? Impeachment is solely the prerogative of the House, and more broadly Congress. I don't see how the DOJ as part of the executive branch can thus bind the House at all in this.
(Also worth noting that Impeachment technically isn't a legal matter -- it is a political process.)
- But typically, Justice Department internal opinions — though they have no binding legal weight in court — are controlling on subsequent administrations unless they’re revoked or superseded by new opinions.
  If the House continues with an inquiry, and subpoenas people and records, the White House response will be that their inquiry per legal opinion is invalid and also to pound sand.
  Trump wanted to force Pelosi to take a vote and had the DOJ write this opinion. You know what Pelosi did? She took a vote.

Maybe the DOJ can have a memo that suggests impeaching a sitting president requires an actual reason.

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