..... why take the 5th
What is striking about Fusion's refusal is the form it took. Notifying the House that Simpson and the others will not testify took one paragraph. Yet Fusion sent a 17-page letter to the intelligence committee, going to great lengths to argue that Chairman Devin Nunes is not qualified to issue the subpoena.
"Despite your recusal from the Committee's Russia investigation after falling under scrutiny by the House Ethics Committee, your unilateral issuance of these subpoenas violates your recusal and further undermines the legitimacy of this investigation," the Fusion GPS lawyers wrote. "Nothing within the subpoenas or their attachments provides any indication that the Committee authorized you, as chair, to sign or issue them."
Nunes has noted on several occasions that he did not "recuse" himself from the investigation, but instead "stepped back" from playing a leading public role in the probe. In any event, a subpoena signed by the chairman of a committee — in this case, Nunes — is valid, and a witness's lawyer cannot simply declare it invalid. (Simpson did submit to an interview with Senate investigators but refused to answer their main question, which was who funded the dossier project.)
In any event, Monday's letter went on to lecture Nunes about the committee investigation in a style that could have been written by the committee's ranking Democrat and chief Nunes antagonist, Rep. Adam Schiff. Issuing the subpoena, the Fusion GPS lawyers wrote, "is shameful and reflects a pattern of ultra vires behavior," — that is, behavior beyond Nunes's legal authority, the lawyers wrote.
Byron York: Fusion GPS to House: We'll take Fifth rather than testify on Trump dossier
What is striking about Fusion's refusal is the form it took. Notifying the House that Simpson and the others will not testify took one paragraph. Yet Fusion sent a 17-page letter to the intelligence committee, going to great lengths to argue that Chairman Devin Nunes is not qualified to issue the subpoena.
"Despite your recusal from the Committee's Russia investigation after falling under scrutiny by the House Ethics Committee, your unilateral issuance of these subpoenas violates your recusal and further undermines the legitimacy of this investigation," the Fusion GPS lawyers wrote. "Nothing within the subpoenas or their attachments provides any indication that the Committee authorized you, as chair, to sign or issue them."
Nunes has noted on several occasions that he did not "recuse" himself from the investigation, but instead "stepped back" from playing a leading public role in the probe. In any event, a subpoena signed by the chairman of a committee — in this case, Nunes — is valid, and a witness's lawyer cannot simply declare it invalid. (Simpson did submit to an interview with Senate investigators but refused to answer their main question, which was who funded the dossier project.)
In any event, Monday's letter went on to lecture Nunes about the committee investigation in a style that could have been written by the committee's ranking Democrat and chief Nunes antagonist, Rep. Adam Schiff. Issuing the subpoena, the Fusion GPS lawyers wrote, "is shameful and reflects a pattern of ultra vires behavior," — that is, behavior beyond Nunes's legal authority, the lawyers wrote.
Byron York: Fusion GPS to House: We'll take Fifth rather than testify on Trump dossier