Unfortunately for DOJ... these contentions about the relative power of the federal courts, congressional committees, and the President distort establ… - Ketanji Brown Jackson

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Unfortunately for DOJ... these contentions about the relative power of the federal courts, congressional committees, and the President distort established separation-of-powers principles beyond all recognition. Thus, ultimately, the arguments that DOJ advances to support its claim of absolute testimonial immunity for senior-level presidential aides transgress core constitutional truths...

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About Ketanji Brown Jackson

Ketanji Brown Jackson (born September 1970) is an Associate Justice of the US Supreme Court. She is the first Black woman to sit on the highest court in the US.

Biography information from Wikiquote

Also Known As

Birth Name: Ketanji Onyika Brown
Alternative Names: Ketanji Brown Ketanji Onyika Brown Jackson

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Thus, DOJ’s hand-waving over the Judiciary Committee’s purported failure to establish a “cognizable” injury for standing purposes... masks the substantial harm that results from an Executive branch official’s defiance of a congressional subpoena. But it is hard to imagine a more significant wound than such alleged interference with Congress’ ability to detect and deter abuses of power within the Executive branch for the protection of the People of the United States.

[T]he Constitution vests the Legislature with the power to investigate potential abuses of official authority—when necessary to hold government officials (up to, and including, the President) accountable, as representatives of the People of the United States—then House committees have both Article III standing and a cause of action to pursue judicial enforcement of their duly authorized and legally enforceable requests for information.

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[H]owever busy or essential a presidential aide might be, and whatever their proximity to sensitive domestic and national-security projects, the President does not have the power to excuse him or her from taking an action that the law requires. Fifty years of say so within the Executive branch does not change that fundamental truth. Nor is the power of the Executive unfairly or improperly diminished when the Judiciary mandates adherence to the law and thus refuses to recognize a veto-like discretionary power of the President to cancel his subordinates’ legal obligations.

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