Today's episode is a constitutional deep dive into the uniquely American phenomenon that is the separation of powers.
As LAL listeners well know, I represent Alex Jones in a number of matters including in his recently filed lawsuit against the U.S. House of Representative's Select Committee to Investigate the January 6 Attack on the United States Capitol.
We begin with a foundational blueprint for conceptualizing the constitutional separation of powers and its aim for inefficiency as a matter of founding design. Pointedly, just because someone wants something doesn't mean they get it. And, indeed, some things, such as the Bill of Rights, are 'off limits' to the government.
We then explore the fundamental tension between natural law and a subjective construction of reality endemic to movements anchored in cultural marxism and/or identity politics, and thus how jurisprudence has become the battleground in a never-ending debate between what is and is not within the purview of government regulation.
Our legislature wields the plenary power to conduct investigations. Pursuant to the Speech and Debate clause, Congressionally issued subpoenas are immune from the judicial oversight otherwise reserved for our Article III courts.
Query: If not comply, what is a private individual to do in the face of what reasonably appears to be an invalid exercise of the Congressional subpoena power?
What did we see in the case of Steve Bannon? How might one contrast that with Mark Meadow's current ongoings?
While I find brilliance in the finer points of our separation of powers' construction, there are areas of extreme disappointment with respect to the J6 committee, including the media's treatment of it, its improper procedural foundations, and the obviousness of the pretext for its creation—impeachment of President Donald Trump by another means.
An improperly formed Congressional committee does not wield the aforementioned legislative immunity. And that is the true significance of the Alex Jones lawsuit: the right to be free from arbitrarily exercised power.
We close by discussing the little-known nuances of Congressional immunity, such as the power to overlook the judicially-created doctrine of attorney-client privilege. Keen listeners will recognize the hypothetical from our recent interview with Mark Dubois. Who will be the first lawyer to do federal time?
I sense a demagogue in our midst.
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Adam Schiff's book: "Midnight in Washington"
Read my 2/14/21 blog post of suggestions to the J6 Committee. And tell Kevin Brien how much you dig the LAL sounds.