One of Trump’s former lawyers says it’s time for Congress to use its powers to keep Trump from running in 2024 and let DOJ do everything else.
The very fact that there was unease in sharing the J6 witness transcripts between a Democratically controlled Congressional Committee and a Democratically controlled Justice Department is direct proof that the interplay and nature of the two branches are fundamentally different. If the Committee simply handed all transcripts to DOJ as a matter of process and course, the Committee could rightly be criticized as overly partisan and on a mission to prosecute Republicans, which isn’t Congress’s job. Congress has a more direct duty to enlighten people and find facts openly. Meanwhile, DOJ’s duty is extremely narrow; Conduct an investigation that is mostly secret and decided whether to prosecute or not. Now that an agreement has been worked out on the transcripts, one of Trump’s former attorneys says that Congress needs to let DOJ do its own thing while Congress sticks with its duties under the Constitution.
Because, according to Ty Cobb, the Committee has the evidence needed to disqualify Trump from office, which is specifically listed as a Congressional duty set out in Article 3 of the 14th Amendment, which states, in pertinent part:
No person shall be… President and Vice-President… who, having previously taken an oath as an officer of the United States… shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies… Congress may, by a vote of two-thirds of each House, remove such disability.
According to Ty Cobb, who appeared on Erin Burnett’s show along with Professor Lawrence Tribe (Who only taught Constitutional law at Harvard for 50 years):
If I could make one point, though, Erin, in response to something the professor said, which I think is significant  is that the professor pointed to with the Pence tweet during the almost three hours of Trump’s inactivity fits very, very perfectly into what I think should be — I think Congress has the lane here, I don’t think that lane is telling [Attorney General] Merrick Garland what to do or pretending that they’re leading him anywhere… but, the Pence tweet coupled with the three hours of inaction, in my view, easily fits into the definition of giving aid and comfort to the insurrectionists.”
“And that is the standard under Article 3 of the 14th Amendment, which Congress has at its disposal,
Cobb, Trump’s own former lawyer, is right. For all the Republican arguments that the Committee’s subpoenas don’t serve a “legislative function,” the answer has always been laughably easy. Congress may consider passing a law stating that federal candidates cannot contact state election officials directly. There are a whole host of “legislative duties” that buttress that subpoenas, and of course, one is also set out above, which is the sole duty of Congress.
Now, could the Democrats get two-thirds of a vote from both Houses? Unlikely. It would be unlikely without something even more shocking, without something that makes it near impossible, without evidence like… oh… maybe some Secret Service texts saying that the president ordered that the Vice-President be removed from the Capitol immediately, or… oh… maybe some texts back and forth at DoD about how the president ordered them to hold the National Guard off for three hours, well – then, at that point, with DOJ having direct texts of a seditious conspiracy that near rivals the plans of the confederacy, then two-thirds of both Houses might find it more politically palatable to simply wipe that stain off the table and move on to MAGA 2.0, De-Florida style.
There is a reason those texts were deleted. And if there is any government on Earth with the technical ability to retrieve those deleted texts, it is the United States. It is now the DOJ’s turn, through the FBI, or possibly one of the other three-letter agencies, NSA, NRO, or Military Intelligence, to get those texts and turn them back over to Congress.
It would provide some symmetry as the Committee’s investigation finally gets to the ultimate truth in the story, with the executive branch sharing evidence with Congress and Congress doing its job; Vote to disqualify the beating heart of a seditious conspiracy.
@JasonMiciak believes a day without learning is a day not lived. He is a political writer, features writer, author, and attorney. He is a Canadian-born dual citizen who spent his teen and college years in the Pacific Northwest and has since lived in seven states. He now enjoys life as a single dad of a young girl, writing from the beaches of the Gulf Coast. He loves crafting his flower pots, cooking, and currently studies philosophy of science, religion, and non-math principles behind quantum mechanics and cosmology. Please feel free to contact for speaking engagements or any concerns.