Time is running out for the House of Representatives to complete its impeachment inquiry of President Biden. It’s clear to the two House committees that the Department of Justice (“DOJ”) obstructs their impeachment investigation into the Biden family corruption by refusing to produce the requested information. The House must recognize reality – he who controls the DOJ determines the rule of law in the U. S. Biden will not stand trial in the Senate. The only leverage the House is to grant “Use Immunity” to Hunter and Jim Biden, their business associates, and the past and present leadership of the DOJ and FBI.
“Use Immunity means that, while the government may prosecute witness for offences related to subject matter of witness’ testimony, the witness’ testimony itself and any fruits there from, may not be used against witness in any criminal case except prosecution for perjury arising out of testimony.” Use Immunity protects the witness’s Fifth Amendment rights of the witness while allowing Congress to secure the testimony needed for its investigation.
More troubling than Biden’s free pass is the Senate’s immediate dismissal of the Mayorkas impeachment without hearing any evidence. While the Constitution confers on the Senate “the sole power to try all impeachments,” such a dismissal is the first time in 225 years and twenty-one impeachments that the Senate refused to hear evidence. Historically, the three prior dismissals all occurred due to a resignation from office or expulsion from Congress.
The Democrat-controlled Senate merely swore in the Senators and dismissed both counts of the Articles of Impeachment without allowing the House managers even a second to present evidence. The Democrats’ actions de facto eliminated the impeachment process from the Constitution. As long as the president’s party controls at least one House of Congress, the president, his appointees, friends, criminal syndicates, illegal aliens, and cartel members are free to break the law and remain in control of the nation.
If the House seeks punishment against Biden and the family syndicate, Congress, as the legislative branch, can’t impose it. Even if Congress exposes the corruption, DOJ will not prosecute it, as evidenced by the Horowitz and Durham reports of government corruption. It took a federal judge to pierce the sham DOJ immunity agreement that would not only forgive Hunter Biden’s past crimes but also provide Immunity for all his future crimes.
If the House wants the truth, the witnesses with the information must testify, which, in these circumstances, can only be achieved by granting Use Immunity.
Congress has the sole discretion to grant Use Immunity. For separation of powers principles, Use Immunity is not self-executing by Congress as it is traditionally an executive function. Upon a majority vote of its members, the House must apply to the federal district court for an order to compel the testimony. 28 USC sec 6005 mandates the court issue the order. Moreover, neither the DOJ nor the courts can interfere with the grant of it. Section 6005 authorizes either House of Congress to grant Use Immunity once an individual refuses to give testimony or provide other information based on his privilege against self-incrimination.
The district court must grant the congressional request if it finds:
- In the case of a proceeding before either House of Congress, the immunity request was approved by a majority vote of the members present or
- In the case of a proceeding before a committee, the request for such an order was approved by two-thirds of the members of the Committee and
- That the Attorney General was given ten days’ notice. The Attorney General can request another twenty days to “insulate from the immunity grant any incriminating data already in his files prior to the witness’s testimony.”
Once these conditions are met, the statute is mandatory. “The court shall” issue the order. Chief Judge Sirica [in the Watergate trials] held section 6005 casts the court’s role as ministerial, and the Attorney General is deprived of his normal discretion concerning the granting of Immunity.
Once receiving Use Immunity, the witnesses can testify free of prosecution for any testimony of their criminal activity given to Congress. A refusal to answer subjects the witness to Contempt of Congress and could result in imprisonment.
Historically, Congress is reluctant to grant use immunity since it usually results in an inability of the DOJ to prosecute criminals. DOJ describes the dilemma:
Congress may now be forced to choose between granting Immunity to exercise its oversight and investigative functions and forgoing a grant of Immunity to allow the prosecution of key witnesses.
However, Congress is not facing such a dilemma in the present situation. DOJ is unwilling to prosecute any of the involved parties.
In the Watergate trials, a corrupt DOJ refused to cooperate with Congress like today. The US Senate sought to grant Use Immunity to witnesses. DOJ asserted it, and the court has the power to block the grant of Immunity. Chief Judge Sirica upheld the Senate’s power, writing:
Immunity is the fixed price which the government must pay to obtain certain kinds of information, and only the government [Congress] can determine how much information it wants to ‘buy’ in light of the fixed price.
Judge Sirica concluded: “[There is a] power of the Congress to inquire into and publicize corruption, maladministration or inefficiency in agencies of the Government.” Quoting President Wilson, he notes the informing function of Congress should be preferred even to its legislative function.
The American people deserve the truth about corruption in their government. The House of Representatives has the power to obtain the truth. What is more critical to the nation, truth or the false hope of punishment? After all the facts come out, Biden will be punished by history, the most painful of all punishments for a narcissistic person.
William L. Kovacs, author of Devolution of Power: Rolling Back the Federal State to Preserve the Republic. His previous book, Reform the Kakistocracy, received the 2021 Independent Press Award for Political/Social Change. He served as senior vice president for the US Chamber of Commerce and chief counsel to a congressional committee. He can be contacted at wlk@ReformTheKakistocracy.com
Meta Description: Granting Use Immunity to witnesses in Biden’s impeachment, as in Watergate, allows House of Representatives to break the DOJ’s obstruction of justice.
