(TNS) There are few political analysts smarter than Mark Levin when it comes to understanding and interpreting our constitutional system, as he has proven time and again.
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The “Great One” blasted a federal judge’s ruling on Monday ordering former White House counsel Don McGahn to respond to a House subpoena to provide testimony in the ongoing impeachment inquiry.
In breaking down the various reasons why the Judicial Branch has no authority to order an Executive Branch official to surrender a president’s legal confidentiality to the Legislative Branch, subpoena or not, Levin noted that presidents — yes, even President Donald Trump — have a right to private counsel and legal conversations protected by confidentiality requirements.
“A president must be able to have legal advice … without Congress interfering, whether it’s an impeachment proceeding or any other proceeding,” Levin said.
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“Otherwise, there’s no balance of power, because the House of Representatives — unless there’s a criminal investigation — is not subject to any subpoenas, they’re not subject to FOIA because they don’t apply it to themselves, and they have all the legal counsel they want — privileged.”
“If the president can’t turn to a lawyer for legal advice, then it’s a disaster,” Levin noted further.
U.S. District Judge Ketanji Brown Jackson, an Obama-appointed judge, said in her ruling that ignoring a congressional subpoena is “an affront to the mechanism for curbing abuses that the framers carefully crafted for our protection.”
The White House said Tuesday it would appeal the ruling.
Levin explained how Brown’s ruling undermines legal traditions and norms that predate the American legal system.
“So what she’s doing is she’s tilting the balance of power far away from the president to the Congress, changing the structure of our government and the ability of the chief executive to function,” the host explained.
“This judge is tyrannical,” Levin concluded, “and the tyrannical judiciary is back in a very aggressive way.”
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