Who Should Investigate?

@gollum,

Quote:

Why is the United States House Select Committee on the January 6th Attack investigating the January 6th attack?

1. Why not?
2. Why shouldn't the United States House Select Committee on the January 6th Attack
be investigating the January 6th attack?

Quote:

Why not the FBI? Or is the FBI and/or other agencies investigating it also?

1. I don't have all the answers.
2. Who ever said that the FBI and/or other agencies weren't investigating the January 6th Attack also?

1 Reply

@Real Music,

Real Music-

1) The Constitution provides that Congress should write the laws. The Constitution does not authorize Congress to enforce the laws.

2) The Constitution provides that the Executive Branch (which includes the FBI) should enforce the laws.

3) The Constitution prohibits Congress from enacting a bill of attainder. A bill of attainder pronounces a man guilty and imposes punishment. That function is reserved for the Judicial Branch.

4) The Constitution is based on checks and balances. Each branch is a check on the others.

2 Replies

@gollum,

Quote:

The Constitution provides that Congress should write the laws.

Okay.

Quote:

The Constitution does not authorize Congress to enforce the laws.

Okay.

Quote:

The Constitution prohibits Congress from enacting a bill of attainder. A bill of attainder pronounces a man guilty and imposes punishment. That function is reserved for the Judicial Branch.

Okay. I never heard of the term (bill of attainder).
I will presume that your definition of that term is accurate.
I haven't heard anyone making any claims that says otherwise.

Quote:

The Constitution is based on checks and balances. Each branch is a check on the others.

Okay.

Did anything I posted on this thread contradict any of the things you are saying?

1 Reply

@Real Music,

Real Music-

Yes, these are the things that you posted that contradict some of the things that I was saying:

"1. Why not?
2. Why shouldn't the United States House Select Committee on the January 6th Attack be investigating the January 6th attack?"

1 Reply

@gollum,

Let's dissect my actual response in context:

Your original post asked:
Why is the United States House Select Committee on the January 6th Attack investigating the January 6th attack?

My responses to your questions was:
1. Why not?
2. Why shouldn't the United States House Select Committee on the January 6th Attack
be investigating the January 6th attack?

I responded to your question by asking you a question.

0 Replies

@gollum,

For the record:

My understanding is that Congress does have the authority to investigate and hold hearings.

My understanding is that Congress has the authority to refer their findings to the Justice Departments for possible prosecution.

These are not necessarily statements of fact.
This is just what I (believe) to be correct.

1 Reply

@Real Music,

Real Music-

You are basically correct.

If I were a stickler I might add that in that Congress writes the laws, that its right to hold hearings is understood or implied but not the power to investigate, which I think belongs to the Executive Branch and to the FBI in particular.

1 Reply

@gollum,

Quote:

The Constitution is based on checks and balances. Each branch is a check on the others.

1. Are you sure that the Constitution actually say that each branch is a check on the others?

2. It's my understanding that the Constitution actually states that the Legislative Branch has the power to check and balance the other two federal branches.

3. It is also my understanding that the Constitution doesn't say anything about the other two branches also having that specific power.

1 Reply

@gollum,

Quote:

If I were a stickler I might add that in that Congress writes the laws, that its right to hold hearings is understood or implied but not the power to investigate,

1. I gather that you are saying that Congress has the implied power to hold hearings.

2. I also gather that you are saying that Congress doesn't have the same implied power to investigate.

3. What is the difference between holding a hearing and investigating?

4. If there is no difference between holding a hearing and investigating, wouldn't that also mean that investigating is also an understood implied power?

0 Replies

@Real Music,

Real Music-

I think that generally holding a hearing would be a step in the deliberative process toward writing a law. Since writing laws is a specified power of Congress, the holding of hearings could help writing the laws and is thus an implied power.

Investigating unless it is done in order to write a law I think belongs with an investigator agency (e.g., the FBI).

Admittedly, Congress is not forbidden to investigate.

1 Reply

@gollum,

Quote:

I think that generally holding a hearing would be a step in the deliberative process toward writing a law. Since writing laws is a specified power of Congress, the holding of hearings could help writing the laws and is thus an implied power.

Investigating unless it is done in order to write a law I think belongs with an investigator agency (e.g., the FBI).

1. There are some instances when Congress might hold a hearing to find out what happen,
in order to determine if new laws are needed to prevent something from happening again.

2. While holding those hearings, Congress might need to subpoena people to testify before Congress.

3. While holding those hearings, Congress might need to subpoena various forms of data, documents, and other forms of information.

4. While holding those hearings, if Congress uncover criminal acts, I believe they would refer that information to the Justice Department.

Quote:

Admittedly, Congress is not forbidden to investigate.

Agreed.

1 Reply

@Real Music,

Real Music-

I think that if the congressional intent is to write a law, then it is OK.

I think that if the congressional intent is to punish an individual (e.g., big bad Trump), then I don't think that it is appropriate.

1 Reply

@gollum,

I just want to reiterate what I previously stated for clarification:
I also want to expound a bit on what I previously stated:

1. There are some instances when Congress might hold a hearing to find out what happen,
in order to determine if new laws are needed to prevent something from happening again.

2. While holding those hearings, if Congress uncover criminal acts, I feel that it is their obligation to refer that information to the Justice Department for possible prosecution.

3. If that means big bad Trump, then so be it.

4. If that means some other individual or individuals, then so be it.

5. I don't believe that Congress can just look the other way if they happen to uncover criminal acts derived from a Congressional hearing.

6. If anyone is going to do any prosecuting, that would fall under the jurisdiction of the Justice Department.

7. All of what I am saying is just my own understanding.

1 Reply

@Real Music,

Also, if after an individual is forced to testify before the congressional committed, he is tried in criminal court, he may get off based on that he was already forced to reveal information without courtroom protections.

1 Reply

@gollum,

Quote:

Also, if after an individual is forced to testify before the congressional committed, he is tried in criminal court, he may get off based on that he was already forced to reveal information without courtroom protections.

1. I disagree with your statement.

2. As far as I know, Congress has the legal authority to subpoena individuals to testify in a (congressional hearing).

3. As far as I know a person who is testifying at a (congressional hearing) also has the legal right to exercise
their fifth amendment right.

4. As far as I know they would have to plead the fifth to every question that they believe might self-incriminate them,
one question at a time.

0 Replies

@gollum,

Quote:

Why not the FBI? Or is the FBI and/or other agencies investigating it also?

https://able2know.org/topic/565272-1

0 Replies

@gollum,

gollum wrote:

Why is the United States House Select Committee on the January 6 Attack investigating the January 6th attack?

Why not the FBI? Or is the FBI and/or other agencies investigating it also?

What makes you think otherwise???

0 Replies

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