On Thursday, a U.S. District Judge denied Fusion GPS’s effort to keep the House committee from bank records it sought. Judge Richard Leon, who took over the case after the previous judge Tanya Chutkan recused herself midway over unspecified conflicts, smacked down all four grounds by which Fusion GPS tried to block the congressional subpoena. That subpoena included requests for records of payments from Fusion GPS to journalists who have covered the Russian dossier story.
Fusion said the request for records lacked a valid legislative purpose, were overbroad and irrelevant, violated First Amendment rights to speech and association, and violated financial privacy laws. The judge disagreed on each count.
Lacked A Valid Legislative Purpose
Fusion tried to argue that House Intel Chairman Devin Nunes (R-CA) lacked the authority to issue the subpoena, in part because they erroneously believed he had recused himself from the Russia probe. Judge Leon cited the U.S. Constitution, rules of the House of Representatives, and the public record to throw water on the argument. He said that at no time did Nunes “recuse” himself from the Russia investigation, though he did allow other committee members to take charge of it while he resolved his ethics investigation.
“[H]e retained the power to issue the Subpoena at issues in this case… Indeed the Subpoena would be invalid without Chairman Nunes’s signature unless the full Committee authorized another member to sign it, which it did not,” Leon wrote.
Incidentally, Nunes was cleared of ethics violations in early December. He had been accused of sharing classified information when he revealed that Obama administration officials had collected and unmasked much information about Trump campaign officials and spread it around. The committee found that he had not violated House rules or any other standard of conduct.
http://thefederalist.com/2018/01/05...-gps-attempt-to-hide-info-from-investigators/
Fusion said the request for records lacked a valid legislative purpose, were overbroad and irrelevant, violated First Amendment rights to speech and association, and violated financial privacy laws. The judge disagreed on each count.
Lacked A Valid Legislative Purpose
Fusion tried to argue that House Intel Chairman Devin Nunes (R-CA) lacked the authority to issue the subpoena, in part because they erroneously believed he had recused himself from the Russia probe. Judge Leon cited the U.S. Constitution, rules of the House of Representatives, and the public record to throw water on the argument. He said that at no time did Nunes “recuse” himself from the Russia investigation, though he did allow other committee members to take charge of it while he resolved his ethics investigation.
“[H]e retained the power to issue the Subpoena at issues in this case… Indeed the Subpoena would be invalid without Chairman Nunes’s signature unless the full Committee authorized another member to sign it, which it did not,” Leon wrote.
Incidentally, Nunes was cleared of ethics violations in early December. He had been accused of sharing classified information when he revealed that Obama administration officials had collected and unmasked much information about Trump campaign officials and spread it around. The committee found that he had not violated House rules or any other standard of conduct.
http://thefederalist.com/2018/01/05...-gps-attempt-to-hide-info-from-investigators/