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galenanorth
May 19, 2016

I had been using the SCOTUS thread for asking questions about the constitutionality of certain policy proposals and decided to split this off. I can edit the topic to add "and misc judicial branch stuff" if anyone wants that.

https://theintercept.com/2015/05/07/congress-argues-cant-investigated-insider-trading/

It feels like there's something I'm missing. It's a violation of separation of powers when Congress is investigated by the SEC, but not the DOJ? The executive branch of the federal government is typically the one that investigates members of Congress guilty of misappropriating campaign funds or bribery, right? Could it be codified into a law that members of Congress can be investigated by the SEC, rather than a simple Congressional rule, so that it could be less easily overturned by a new Congress, or would that not be strong enough to stop a future block?

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Raldikuk
Apr 7, 2006

I'm bad with money and I want that meatball!

galenanorth posted:

I had been using the SCOTUS thread for asking questions about the constitutionality of certain policy proposals and decided to split this off. I can edit the topic to add "and misc judicial branch stuff" if anyone wants that.

https://theintercept.com/2015/05/07/congress-argues-cant-investigated-insider-trading/

It feels like there's something I'm missing. It's a violation of separation of powers when Congress is investigated by the SEC, but not the DOJ? The executive branch of the federal government is typically the one that investigates members of Congress guilty of misappropriating campaign funds or bribery, right? Could it be codified into a law that members of Congress can be investigated by the SEC, rather than a simple Congressional rule, so that it could be less easily overturned by a new Congress, or would that not be strong enough to stop a future block?

Just because congress critters make an argument doesn't make it true. That is the argument they tried to present to fight the subpeonas but they apparently backed down from it and the case continues.

The argument is highly suspect and even more so because Congress was actually exempt from insider trading laws until they voted to change that in 2012. Lodging highly suspect and bad faith arguments is the bread and butter of the GOP tho.

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