One of Trump’s former attorneys says it’s time for Congress to use its powers to prevent Trump from running in 2024 and letting DOJ do everything else.
The mere 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 evidence that the interaction and nature of the two branches are fundamentally different. If the committee simply handed over all transcripts to the DOJ as a matter of process and course, the committee could rightly be criticized as being overly partisan and on a mission to prosecute Republicans, which is not the job of Congress. Congress has a more direct duty to inform people and openly find facts. Meanwhile, the DOJ’s job is extremely narrow; Conduct a largely classified investigation and decide whether to prosecute or not. Now that the transcripts have been agreed upon, one of Trump’s former attorneys says Congress should let the DOJ do its own thing while Congress adheres to its duties under the Constitution.
Because, according to Ty Cobb, the committee has the evidence necessary to disqualify Trump from office, which is specifically listed as a congressional duty as set forth in Article 3 of the 14th Amendment, which states, in so far as relevant:
No one will be… President and Vice President… who, having previously taken an oath as an officer of the United States… will have been involved in insurrection or rebellion against them, or have provided aid or comfort to the enemies… Congress can, by a two-thirds vote of each House, remove this handicap.
According to Ty Cobb, who appeared on Erin Burnett’s show with Professor Lawrence Tribe (who taught constitutional law at Harvard for just 50 years):
However, if I could make one point, Erin, in response to something the professor said, which I think is significant  is what the professor pointed to with the Pence tweet during Trump’s nearly three-hour inactivity fits very, very perfectly into what I think should be — I think Congress has the job here, I don’t think that job says much [Attorney General] Merrick Garland what to do or pretend to lead him everywhere… Pence tweet coupled with the three hours of doing nothing easily fits the definition of helping and comforting the insurgents in my opinion.”
“And that is the norm under Article 3 of the 14th Amendment, which Congress has,
Cobb, Trump’s own former attorney, is right. For all the Republican arguments that the commission’s subpoenas have no “legislative function,” the answer has always been laughably simple. Congress may consider passing a law that prohibits federal candidates from directly contacting state election officials. There are a whole host of “legislative duties” that support those subpoenas, and of course there is also one outlined above, which is the sole duty of Congress.
Can Democrats now get two-thirds of the vote from both Houses? Unlikely. It would be improbable without something even more shocking, without something that makes it almost impossible, without proof like… oh… maybe some Secret Service texts saying the president ordered the vice president out of the office immediately. Capitol got removed, or… oh… maybe some texting back and forth at DoD about how the president ordered them to keep the National Guard at bay for three hours, well, at that point, while DOJ had direct texts of an incendiary conspiracy that nearly matches the Confederacy’s plans, two-thirds of both Houses might find it more politically palatable to just wipe that stain off the table and move to MAGA 2.0, De-Florida-style.
There is a reason why those texts were removed. And if there’s one government on Earth with the technical capability to recover those deleted texts, it’s the United States. Now it’s 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 return them to Congress.
It would provide some symmetry if the commission’s investigation finally comes to the ultimate truth of the story, with the executive sharing evidence while Congress and Congress do their job; Vote to disqualify the beating heart of an incendiary conspiracy.
@JasonMiciak believes that a day without learning is a day wasted. He is a political writer, features writer, author and lawyer. He is a Canadian-born dual citizen who spent his teenage and college years in the Pacific Northwest and has since lived in seven states. He is now enjoying life as a single father to a young girl, writing from the beaches of the Gulf Coast. He enjoys making his flower pots, cooking, and is currently studying philosophy of science, religion and non-mathematical principles behind quantum mechanics and cosmology. Feel free to contact us for speaking engagements or questions.