Republicans on the Senate Judiciary Committee on Thursday rejected Democrats’ partisan subpoena against Federalist Society co-chairman Leonard Leo as “illegal and politically motivated.”
Leo’s lawyer said he would not respond to the subpoena issued by Democrats on the Senate Judiciary Committee, calling it “illegal and politically motivated.” The Federalist Society is a 501(c)(3) nonpartisan educational organization.
“For the reasons stated above, Mr. Leo has not responded to the unlawful and politically motivated subpoena by members of the Democratic Senate Judiciary Committee,” David B. Rivkin Jr. wrote in the letter.
Senate Judiciary Committee Republicans in November 2023 laid downHow the Democratic committee failed to follow committee rules and violated the standing rules of Congress.
Republicans on the Judiciary Committee wrote in their summary of events:
- “Chairman Durbin terminated discussion and the submission of amendments by immediately ordering a roll call vote to approve the subpoena (in contrast to his earlier statement to Ranking Member Graham).
- Ranking Member Graham objected and called for a roll call vote on the decision to end the debate. He has the right to make demands based on: Committee Rules IV.
- In response to Ranking Member Graham’s objections, Chairman Durbin moved to suspend him. Committee Rules IV— He later clarified that this was a motion to end the debate.
- A roll call vote was taken on the motion to end debate.The motion failed under the following conditions Committee Rules IVBecause not a single Republican voted in favor of the motion that called for it. The clock struck noon.
- Chairman Durbin then ordered a roll call vote to approve the subpoena.His call to vote was a violation Committee Rules IV This is because the motion to end debate was rejected.
- Ranking Member Graham attempted to issue an order regarding the violation of the rules, but Chairman Durbin refused to accept the order.
- The clerk called the list even though no Republicans were present.
- No Republican lawmaker was present during the roll call vote, leaving the committee without a quorum to conduct business as required by Congress. Committee Rules III. Committee Rule III requires two minority members for a quorum.
- The roll call vote on the subpoena took place just after 12:00 p.m., when the two-hour rule was activated. This breached Senate Standing Rule 26(5)(a). ”
Republicans continued.
What does this mean? Chairman Durbin blocked Republican lawmakers from debating or introducing amendments in violation of committee rules. When Ranking Member Graham objected to this, Chairman Durbin refused to allow the objection and proceeded to a vote. Durbin proceeded to vote on the subpoena without a quorum required by committee rules and after two hours of committee time allowed under Senate rules. Because subpoenas are an internal committee matter, they cannot be “cured” by the “cleansing clause” of Article 26 of the Senate Standing Rules.
“These new statements, along with those cited in the July 25 letter and a number of other documents, demonstrate that the committee is targeting Mr. Leo for his political views and hostility to his association. “This dispels any doubts, if any at all,” Rivkin wrote in the Oct. 19 letter.
Sean Moran is a policy reporter at Breitbart News. Follow him on Twitter @SeanMoran3.
