On Friday, Rep. Eric Swalwell (D-Calif.) suggested that Congress could provide protection from a “unraveling” Trump administration.
In an editorial published by MSNBC, Swalwell cited the president-elect’s previous comments, including his pledge to retaliate against political opponents and his history of feuding with the media, and warned that “Trump is laying the groundwork for a liberated administration.”
Swalwell cited a report released by the Justice Department’s Office of the Inspector General regarding access to records during President Trump’s first term by more than 40 congressional staffers and several journalists, including two Democratic lawmakers and then-Rep. Adam Schiff (D-Calif.) and Swalwell.
Although not required, the Justice Department did not inform the court that it was seeking records on members of Congress or congressional staffers.
The 96-page report said that while seeking records of lawmakers and staff did not violate Justice Department policy on books at the time, it nonetheless “risked compromising Congress’s ability to exercise oversight of the executive branch… At the very least, it appears to be inappropriate interference by the executive branch in the lawful oversight activities of the legislative branch.”
Swalwell also pointed to the Supreme Court’s decision earlier this year that granted the president absolute immunity for actions that fall within the core responsibilities of his office and presumed immunity from all other official acts.
“Who can America turn to for checks and balances? To maintain the rule of law? What will Trump, completely unfettered, free, and free of guardrails, do with his opponents? How can Trump successfully build a fence?” Swalwell warned in his commentary.
“The answer is Congress.” He said while acknowledging that the answer may seem “laughable,” considering Republicans have gained majorities in both houses of Congress since Election Day. But he cited former Rep. Matt Gaetz (R-Fla.) withdrew from consideration for attorney general after he appeared to face an uphill battle for Senate confirmation.
Gaetz came under fire as the House Ethics Committee investigated allegations of sexual harassment and illegal drug use. After Gaetz resigned from Congress, the investigation was effectively closed and the committee decided not to make its report public.
“Six senators banded together to say “no” and made Gaetz’s path impossible. Do you have the heart to do it again? And again? And until once again Trump gets the message that he will not stop America’s path to dictatorship?” Swalwell wrote.
He added: “Congress remains the last and best check on Kash Patel from undertaking lawful revenge travel.” He mentioned President Trump’s choice to lead the FBI. He faced backlash from some who feared his nomination could bring about changes to the agency’s independence.
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