Gee, no kidding.
Courtesy of NYT:
The hearing, before Judge Amit P. Mehta of the Federal District Court for the District of Columbia, was an early judicial test of the president’s vow to systematically stonewall “all” subpoenas by House Democrats. And Judge Mehta’s questioning left little doubt that he was deeply skeptical about the arguments from Mr. Trump’s legal team, led by William S. Consovoy.
Mr. Consovoy essentially argued that the Constitution does not give Congress the power to investigate potential presidential corruption because determining whether someone broke the law is a function reserved for the executive branch. But Judge Mehta pointed out that under that logic, many famous historical congressional oversight investigations were illegitimate.
“Is it your view that the Whitewater and Watergate investigations were beyond the authority of Congress?” the judge asked, referring to congressional inquiries of the Nixon and Clinton presidencies. “They were looking at violations of criminal law.”
Judge Mehta, a 2014 appointee of President Barack Obama, also said he saw no need for further briefings or arguments because the dispute turned on a question of law, and the Constitution does not permit Mr. Trump’s legal team to compel the House to turn over internal documents as evidence. He said he would let lawyers submit any additional materials they wanted through Friday, then he would make his decision.
That’s right, they are literally arguing that the Congress has no right to do the job that they have been doing for the last 243 years.
Of course, this is just the beginning and Trump’s attorneys will continue to appeal his decision all the way to the Supreme Court.
Though it is hard to imagine that even they will have a different point of view than judge Mehta.
However, we have to keep in mind that it is very likely Trump’s legal team has no real confidence that they will win this thing in court and are simply trying to run out the clock until the 2020 election.