As the Select Committee to Investigate the January 6 Attack prepares to stage a show trial of Donald Trump on Capitol Hill this week, I have filed a lawsuit challenging the Select Committee’s gross violations of the Constitution’s separation of powers.
Yes, congressional committees do have the power to investigate. Yet, they can only do so in pursuit of a “legislative function,” e.g., to enact new rules, regulations, or policies.
What settled law explicitly rules out is the pursuit of a “judicial function” in which a congressional committee seeks to act as judge, jury, and executioner. That clearly violates the separation of powers – punishment is reserved exclusively for the judicial branch.
In this case, Nancy Pelosi’s Democrat-controlled House passed H. Res. 503 on May 21, 2021 to establish the committee; and the legislative activity of all seven of the committee’s Democrats reveal their clear intent to unconstitutionally punish Trump and his most senior advisors by subjecting us to the shame, humiliation, ostracization, banishment, denial of public office, and possible imprisonment that comes with being falsely accused of being insurrectionists seeking to overturn a fair election.
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https://www.realclearpolitics.com/articles/2022/06/09/an_illegitimate_court_gets_ready_to_convene_147722.html
