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With McCarthy, the threat is the thing

As we all know, the Republican leader in the House has warned telecom companies not to comply with Democratic subpoenas of phone records related to the January 6 insurrection:

House Minority Leader Kevin McCarthy (R-Calif.), who opposed creation of the Jan. 6 committee, warned those companies that they would be violating federal law if they handed over those phone records. To which two experts who served as House lawyers say: What federal law? No one really knows what McCarthy is talking about, said Stanley Brand, a former lawyer for the House of Representatives.

Oh come on. Can we please ditch the faux naivete? There is no such law and McCarthy knows it. The only thing that matters is the threat itself. McCarthy is making it plain to these companies that if they cause trouble for Republicans, then Republicans will make their lives miserable if they ever regain power.

That's it. Don't get suckered into wasting time on a rabbit hole that has no bottom.

37 thoughts on “With McCarthy, the threat is the thing

  1. Cynical_Amphora

    I think "Naiveté" is the wrong concept. Of course there is no law protecting phone records from subpoenas. However, the GQP has found success with staging ever greater refuges in audacity, yet that comes with a cost as well. As time goes on the GQP base, satiated by RiA, will not be so easily placated without more, and grander RiAs.

    It doesn't help that Democrats usually back off rather than calling the GQP's bluffs.

    1. MontyTheClipArtMongoose

      We need to call their bluff, like the Suburban Atlanta school district that allowed for the formation of an anti-mask school following loud protests at board meetings, then only had ten families enroll.

      The no masked allowed academy was very quickly tabled.

  2. George Salt

    "Don't get suckered into wasting time on a rabbit hole that has no bottom."

    Steve Bannon advised rightwingers to "flood the zone with shit" and that's what McCarthy is doing. Just kick up a lot of dust and try to confuse everyone. They throw out so much shit that it's impossible to fact-check it all and it's a fools errand to try.

    1. aldoushickman

      Establishing the norm of political parties punishing the private sector for insufficient obeisance to that political party is also how democracies slide sideways into Turkey/Hungary/Poland/Russia territory.

    2. MontyTheClipArtMongoose

      It's a regular Gish concert. Just like a Phish concert, but naturally whacked instead of suffering drug-induced psychosis.

  3. JakeInStL

    More importantly, the telecoms know there is no such law. Kevin is right about the McCarthy's intent, but I suspect it falls on hollow ears.

    The GOP is a mob that hasn't been capable of governing for 15 years are more. Anything beyond a continuing resolution is pretty much beyond them, as we saw time and again on those occasions when Trump wanted to move some legislation.

    McCarthy and his caucus are all hat; no cattle.

  4. Special Newb

    Lmao, they have lobbyists and the gop doesn't actually remember how to make law well. Not rhetorical. The actual process is a mystery to most of them.

  5. arghasnarg

    Cool, can everyone play this game? I think Democrats should start threatening TX lawyers. Any firm taking up anti-choice panty-sniffer suits will suffer.

    Before anyone mentions it, they effect interstate commerce at least as much as a George Floyd protestor holding a water bottle that traveled over state lines.

  6. Salamander

    Were I in charge of a large corporation, I would seriously consider making the case to the rest of management, the board, and the stockholders that it's no longer beneficial to donate to Republican causes.

    In fact, as a customer of many large corporations (hi, $tarbucks!), I should be making this point to them.

  7. D_Ohrk_E1

    The full citation via Politico:

    "If these companies comply with the Democrat order to turn over private information, they are in violation of federal law and subject to losing their ability to operate in the United States."..."If companies still choose to violate federal law, a Republican majority will not forget and will stand with Americans to hold them fully accountable under the law."

    Understand, the first part is an opinion offered by McCarthy, that these companies are violating federal law. Remember, he earned a BS in marketing. The second part is barely a threat because the first part is built on nonsense.

    As I said before, this is vanilla stuff. All it is, is a PSA warning that if you do the crime, you will be doing the crime.

  8. Creigh Gordon

    I'm surprised no one has pointed out that obstructing a Congressional investigation is a crime, of which Leader McCarthy is now apparently guilty.

    1. jamesepowell

      C'mon man! You know very well that obstructing a congressional investigation is not only okay if you're a Republican, it shows fealty to the constitution.

      Congress will get those records a few months after they get Trump's tax returns.

  9. iamr4man

    The Republican Party has ceased to exist. It is currently the Trumpian Party, and thus the party of thugs and thuggery. McCarthy has gotten that memo and is behaving accordingly.

  10. bbleh

    McCarthy is making it plain to these companies that if they cause trouble for Republicans, then Republicans will make their lives miserable if they ever regain power.

    He's not even doing that. "If they ever regain power," it will be a year and a half from now, and nobody will remember this.

    What he's doing is posturing for the ODD-crazed children who are the core and engine of the Republican electorate now. It's basically "if you come over to this side of the lunchroom, we're gonna take you outside and beat the crap out of you at recess," and it has about the same credibility (and maturity).

    It might even be worth bringing him up on an ethics complaint, forcing him to appear before the committee, and asking him all kinds of questions about 1/6, if only to embarrass him in front of the much larger part of the electorate who are not at all impressed by this kind of childish behavior. I'm sure Pelosi is weighing that, or has done already, with much finer scales than mine.

    1. Salamander

      Oh, I'm sure Minority Leader McCarthy is near the top of the list for the Jan 6 Committee. He was described talking to that former guy on Jan 6, begging him to call off his mad dogs, and his rage at being brushed off.

      Phone records ought to confirm the calls, and "Qevin" will get to testify under oath. Of course, he probably won't be able to remember.

  11. Justin

    This is what the Chinese government does. It threatens businesses who challenge it. Another step toward civil strife is taken.

    The Biden administration won't life a finger to address this even though some consider it obstruction of justice. Meh... it's just politics!

    Taken together, all the actions of the GOP in the last year plus ought to make plain the danger. Coexistence is not possible. They are the enemy. The time is coming when we will all have to make a choice. You can put them in prison or allow them to put you in prison. Or you can just go along to get along. Tick Tock.

    1. Loxley

      'The Biden administration won't life a finger to address this even though some consider it obstruction of justice. Meh... it's just politics! '

      Let's go see if there is something that you DON'T want to blame on Biden....

      He would be a fool to give airtime to this idiot, when this is a House matter.

      1. Justin

        I don’t blame Biden for anything. He’s irrelevant. Oh wait, I guess he did kill some folks in Syria and Afghanistan. If he uses the military at all he’s a fool.

        Otherwise he is just a caretaker not doing anything bad, but not making any progress either. It’s not his fault. The country is coming apart and no one can fix that. He should make it clear that the USA in ungrateful and ungovernable. Not worth the effort.

  12. Loxley

    McCarthy is an idiot, why else would he threaten corporations with power that he doesn't have, for fulfilling their legal obligation to respond to a Congressional Subpoena, the only real power that his institution DOES have (until you try and use it on Republicans)?

    Fortunately for McCarthy, his voting base are idiots as well.

  13. Loxley

    "If companies still choose to violate federal law, a Republican majority will not forget and will stand with Americans to hold them fully accountable under the law."

    Here's what Republicans think about accountability under the law....

    Intel Shows Extremists Plan To Attend Capitol Rally Later This Month

    https://www.huffpost.com/entry/intel-shows-extremists-plan-to-attend-capitol-rally-later-this-month_n_6131087de4b05f53eda4f215

    'Far right extremist groups like the Proud Boys and Oath Keepers are planning to attend a rally later this month at the U.S. Capitol that is designed to demand “justice” for the hundreds of people who have been charged in connection with January’s insurrection...'

    Funny how right-wingers only find "injustice" in law enforcement, when they are on the receiving end of it....

    Oh how I wish we could give them Real Justice under the law, for Insurrection, Sedition, and in some cases even Treason.

  14. pjcamp1905

    I'm not a lawyer but I listened to one today on All The Presidents' Lawyers, and what McCarthy did is a blatant attempt to obstruct justice, which is illegal, and to do so by passing a Bill of Attainder, which is unconstitutional.

    1. royko

      INAL either, but I was going to say, I think what he did might fall under obstruction of justice. Certainly seems like having a member of Congress threatening people with false information should violate some law or ethics rule.

  15. jamesepowell

    You don't need to be a lawyer to know how this is going to work out. Republicans will file a lawsuit trying to stop the companies from responding to the subpoena. The companies will hold off on responding, citing the 'pending litigation' and blah blah blah. The Republican judge will set hearings on the matter for late November, early December.

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