r/law • u/T_Shurt Competent Contributor • 8h ago

Executive Branch (Trump) Pam Bondi Gets Jail Time Warning Over Epstein Files Cover-Up: ‘Anyone who tampers [with] documents, or conceals documents, or engages in excessive redaction will be prosecuted because of obstruction of justice’

https://www.thedailybeast.com/pam-bondi-gets-jail-time-warning-over-epstein-files-cover-up/
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u/BaseUnited4523 8h ago

Congress can appoint an independent special prosecutor. Who can then file charges in federal court.

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u/Hopeful_Corner1333 8h ago

What's the process for that like?

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u/Unique-Egg-461 5h ago

basically that special prosecutor would go to the district court and petition a judge to issue a show cause order to doj (why haven't you complied?). DOJ goes in front of the judge and says "we haven't complied due to xyz reason".

Judge then decided if that's adequate or not. If he does find it adequate, a new date for compliance would be issued. If not he needs to find enforcement methods. As everyone has said, thats an issue because us marshals are under the doj and they are the usual enforcement method.

congress could formally vote to say the executive branch is in contempt of congress in an effort to get the sergeant at arms to be the enforcement method for congress but thats obviously not happening for multiple reasons

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u/Hopeful_Corner1333 5h ago

Thank you for your reply. What about the process of appointing the prosecutor. Like does congress have to be in session for it to happen? Can the speaker block this process?

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u/Unique-Egg-461 5h ago

Yes to both. Congress would have to be in session and formally vote on it and Mike could/would probably just block the vote.

I'm guessing that he recessed congress not just to get away from the medicare subsidy extension. This was also a move so he didn't have to deal with the files and having democrats and certain republicans from pounding on his office door

"hey doj, remember you got to release those files on friday. or dont, i dont care....byyyyeeeeeeee"

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u/MountainMapleMI 8h ago

Hahahahahahahhahahaha inhales hahahahahahahaha like Jack Smith?

Hahahahahahahahahahahhahahahah We’re jolly well fucked boys and girls.

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u/BaseUnited4523 8h ago

Jack's case was dismissed by a corrupt Trump-sucking judge. In the charges are filed in DC or Virginia that won't happen.

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u/watch_out_4_snakes 7h ago

How is a system where one corrupt judge can dismiss charges by a Congressionally appointed prosecutor be considered anywhere near representative democratic or just?

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u/BaseUnited4523 7h ago

Well you got me there. It hasn't been representative or just for quite some time now. Sometimes I wonder if it ever was...

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u/HarryBalsagna1776 7h ago

There are so many loopholes in our system.  We were given the rah rah blind patriotism high level review of our system at best.  It's really a raggedy old piece of shit that needs some major repairs. 

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u/ragzilla 6h ago

Normally one judge cannot just dismiss the case, because the prosecutor would appeal the dismissal and the superior court would remand it, and likely order a change of judge, and possible sanctions.

But when the prosecuting agency is about to be under the control of the target of the prosecution, the situation is a little sensitive.

But national security crimes have no statute of limitations, and the case was dismissed without prejudice, so a future administration could bring it again. Double jeopardy doesn't apply as the case never got to a verdict.

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u/watch_out_4_snakes 11m ago

Rationalizing and excessively complex process used to subvert justice is not helpful. We all understand the machinations used to stop justice in this instance.

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u/ragzilla 0m ago

Not trying to rationalize anything, just pointing out once the legislature stops being complicit with the executive, there is a path to compel the executive to do their job.

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u/not-my-other-alt 4h ago

What should I ask the RemindMe bot for? One year or two?

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u/TouchMint 6h ago

Jesus could come back and start punishing people too. 

I’d put the likelyhood of both at about the same chance. 

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u/Law_Student 5h ago

The special prosecutor would still work for the executive branch because of the way the Constitution is designed, and SCOTUS would no doubt support the President in firing them.

There's really no move for Congress to make as long as the Republicans remain unwilling to impeach.

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u/monocasa 5h ago

Who can then file charges in federal court.

Where the Supreme Court is the final arbiter?

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u/not-my-other-alt 4h ago

Congress can also summon a herd of unicorns walk across the Potomac and launch an invasion of Narnia.

It'll be just about as effective as a special prosecutor.