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Appeals court grapples with House power to sue over Trump moves - Roll Call

The Justice Department’s Hashim Mooppan, early in the arguments, drew a hard line against allowing congressional lawsuits. He told the judges that the Congress should rely not on the courts but on its political tools, such as impeachment and removal from office.

“But at no point is the proper solution” to let Congress file lawsuits against a president, Mooppan said.

Mooppan stuck with that during a series of hypothetical situations during questioning from Judge Merrick Garland. He said that the House would not have the legal right to file a lawsuit to challenge the border wall spending even if the Senate joined in the lawsuit, and even if Congress had passed a law that forbid any spending on any wall.

Mooppan further said Congress would not have the right to sue a president who, after the failure of a health care bill, instructed the Treasury Department to pay for health care insurance for any American who cannot get private insurance.

Garland posed one more hypothetical situation: What if a new economic stimulus bill fails, so the president instructs the Treasury Department to send $1,000 to every American until the pandemic ends. The president also orders the attorney general not to prosecute any officials under the federal law that makes it a crime to spend money that isn’t authorized, and a pardon for any official who might be charged in the future.

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Appeals court grapples with House power to sue over Trump moves - Roll Call
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