Maybe this is where I learn something. My impression was that when a law isn’t clear or has multiple ways to be interpreted, it the job of the judge to make the case it’s being applied to. And one of the first things a judge relies upon when making application is to look at precedent. In this case, I understand that the constitution doesn’t clearly say how the House should start an impeachment inquiry, but there is precedent. She ruled against precedent and with the party line that she has been associated with. And if a person is issued a subpoena and their lawyer believes it to be done illegally, does that person, any person, have to comply before the legality of the subpoena has been established?
But I’m not anywhere close to a lawyer and could be completely wrong. I would be glad to see trump elected out of office next year, but I’m afraid of what the political parties are doing bending and twisting the everything to suit their political needs.
Edit: My point is that if there was a house vote to begin an inquiry that was then run through the Judiciary committee like the previous two impeachment’s, then there would be no question of the legality of the subpoenas and need for trump to comply.
I understand your edit as to what your point is.
Congress’s prior actions that are not required by law or the constitution are not legal precedent.
This judge can only enforce what’s required under the law. She’s bound by the plain language of the constitution, laws, and rules.
If those are ambiguous, she’s then bound by any supervisory court’s prior opinions. That’s legal precedent.
If there are no opinions on point or if they’re unclear, she can look to other sources to interpret any ambiguity. That would include the interpretations of non-supervisory courts, secondary sources of legal opinion (law review articles treatises, etc). She can also look at the behavior of the parties and how they interpreted the language.
Here, there’s no ambiguous language that suggests that a vote is required. There’s nothing that you would look at and say that if they don’t have a vote, some other provision fails.
Congress doesn’t make law simply by behaving a certain way. Even if the colloquial meaning of the word “precedent” and “legal precedent” were the same, congressional oversight has been generally respected and requests for documents have been complied with by most presidents. The courts have upheld congressional oversight in at least one instance (Nixon) where the president attempted to refuse to comply. That compliance certainly has not always followed some vote because it has not always been part of an impeachment proceeding. The Benghazi proceedings and Iran Contra being sort of recent, highly publicized examples. So there’s an equally established precedent that Trump is violating.
This administration has made a number of frivolous claims of privilege (Corey Lewandowski representing the most laughable), just to try to stall and send this to the courts. His lawyers had to know this outcome was inevitable because his arguments were totally baseless. He’s just trying to drag things out and get to the next news cycle, IMO.