They did. Filing a suit over habeas corpus got him out immediately.
A fine argument to make in court, defending yourselves from that suit. Otherwise it is just Congress refusing to engage with the courts or accept court orders or findings. That’s a super easy thing to pull off.
There’s that whole double jeopardy thing that comes from charging and potentially punishing people for identical actions at the federal level.
Like wise if I’m remembering it right the “do the DOJ first” theory rests on due process, there’s apparently a long standing precedent that says you have to exhaust normal and reasonable means and processes for this kind of shit before you try extreme ones. That’s also why you can’t issue a subpoena and in the same breath find some one violated it, you have give them an opportunity to respond.
Cause the thing is the courts don’t have a roll in telling Congress how to conduct it’s business internally. But they absolutely have a role in deciding if the actions taken through that process are legal to begin with. Which is how we ended up with Inherent Consent at all.
So again why?
Why get buried in a quagmire when you have a cooperative President and DOJ? Who have already complied with Congressional Subpoenas, already declined to defend Trump or his cronies. Already dismissed claims of executive privilege over anything to with Jan 6th. Are already investigating Jan 6th, and Bannon. Who are involved in Congress’s attempts to do the same.
Nothing about the current situation indicates they’d refuse to get involved to the benefit of Bannon and Trump.
So why go nuclear? And why the hell would you basically wing it by crafting a whole new process as you go?
