Politico reports:
Joe Biden has a literal Trump card to play against the House’s new impeachment inquiry. In January 2020, the Donald Trump-led Justice Department formally declared that impeachment inquiries by the House are invalid unless the chamber takes formal votes to authorize them.
That opinion — issued by the Justice Department’s Office of Legal Counsel — came in response to then-House Speaker Nancy Pelosi’s decision to launch an impeachment inquiry into Trump without initially holding a vote for it.
Not only is it still on the books, it is binding on the current administration as it responds to Tuesday’s announcement by Speaker Kevin McCarthy to authorize an impeachment inquiry into Biden, again without a vote.
Read the full article.
NEW: The Biden administration has a literal Trump card to play against the House GOP impeachment inquiry:
In 2020, Trump’s DOJ issued a binding legal opinion that impeachment inquiries are invalid without an official vote of the House.
w/ @joshgerstein https://t.co/dxgtwgGm9E
— Kyle Cheney (@kyledcheney) September 12, 2023
That opinion by the DOJ Office of Legal Counsel remains on the books and binds federal agencies (like DOJ and the FBI) from complying with the House’s impeachment-related subpoenas without a formal vote. https://t.co/dxgtwgGm9E pic.twitter.com/JqrUsVQLzP
— Kyle Cheney (@kyledcheney) September 12, 2023
Trump’s OLC issued that opinion just as his 2020 impeachment trial (Ukraine) was beginning, and he used it to shield himself from claims he had obstructed the House inquiry. https://t.co/dxgtwgGm9E
— Kyle Cheney (@kyledcheney) September 12, 2023