DOD Won’t Comply With House Subpoena, Citing Illegitimate Impeachment Probe

ARLINGTON, VIRGINIA - SEPTEMBER 23: U.S. Secretary of Defense Mark Esper comes out from the building to welcome Germany Defense Minister Annegret Kramp-Karrenbauer during an enhanced honor cordon at the Pentagon Sep... ARLINGTON, VIRGINIA - SEPTEMBER 23: U.S. Secretary of Defense Mark Esper comes out from the building to welcome Germany Defense Minister Annegret Kramp-Karrenbauer during an enhanced honor cordon at the Pentagon September 23, 2019 in Arlington, Virginia. (Photo by Alex Wong/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

The Department of Defense won’t comply with House committees’ subpoena of documents relevant to the impeachment inquiry “at this time,” citing the ongoing White House claim that the House’s probe is illegitimate.

In a letter from Assistant Secretary of Defense for Legislative Affairs Robert Hood on Tuesday, the Defense Department took issue with the House’s authority to launch an impeachment probe without a full House vote — the line of attack that the White House and top Republicans have been peddling for weeks. It also argued that the documents requested in the subpoena were protected by executive privilege and would require “careful review” before they could be handed over.

The Pentagon also took issue with the characterization that it would be obstructing the impeachment probe if it refused to comply.

“Invoking reasonable legal defenses to a subpoena, including invoking legal privileges that are held by the President, in no way manifests evidence of obstruction or otherwise warrants an adverse inference,” Hood wrote. “Indeed, the very idea that reasonably asserting legal rights is itself evidence of wrongdoing turns fundamental notions of fairness on their head and is inconsistent with the rule of law.”

The State Department has also taken steps, at the behest of Secretary of State Mike Pompeo, to block witness testimony and documents subpoenaed by Congress as part of its impeachment inquiry.

Read the full letter below:

Latest News
222
Show Comments

Notable Replies

  1. I recall that Mark said he was going to cooperate just this weekend. Certainly appears like the Defense department has been infiltrated by Russian intelligence and that Mark Esper is also a Putin whore.

    I had also said on TPM that he was going to change his mind soon. Someone like Lara Trump, who is Preshitident Skanky Putin Whore and First Lady Iwanker’s current fixer, thug, procurer and baglady, was going to stop by with threats and a suitcase of money to change his behavior. Looks Mark Esper came around with the right inducements from the Organization.

    Also need to scrutinize Leroy Hood’s the DoJ Counsel’s connections and ties to Barr, Giuliani and to international criminal organizations. He seems to be bypassing the chain of command and defying an order from the Secretary. Also look up the record on the DoJ lawyers ties to Russia.

  2. This is the fault of the civilian leadership, not the uniformed military. Just to have that said.

  3. Well, America?

    What’s your Take on this?

  4. The Department of Defense won’t comply

     

    Will comply, won’t comply.

    If you don’t like today’s response, come back tomorrow.

  5. Thanks for that.

    Trump, like Johnny Appleseed, has sprinkled around assets. However, inattentive people have yet another item they should be attentive to.

    “Rule” by one person (especially an Insane one) is not good.

    Therefore we must support our House of Representatives and be thankful for Nov. 2018.

Continue the discussion at forums.talkingpointsmemo.com

216 more replies

Participants

Avatar for mondfledermaus Avatar for mattinpa Avatar for trnc Avatar for steviedee111 Avatar for george_spiggott Avatar for becca656 Avatar for drriddle Avatar for gr Avatar for mcstubbins Avatar for nemo Avatar for serendipitoussomnambulist Avatar for ronbyers Avatar for triletter Avatar for thunderclapnewman Avatar for brewhousebob Avatar for dommyluc Avatar for 21zna9 Avatar for tsp Avatar for expatls1954 Avatar for c_stedman Avatar for paul_lukasiak Avatar for emiliano4 Avatar for faydout Avatar for kovie

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: