Judge Luttig Criticizes Congressional Attempts to Undermine Constitutional Safeguards
Board Member J. Michael Luttig published a new piece on his Substack addressing recent efforts by the Republican-led House Oversight Committee to compel testimony from aides to former President Joe Biden. He writes:
“Proudly standing on the Constitution in this circumstance is nothing less than these aides’ responsibility, not just to themselves as persecuted American citizens, but also to the Constitution that promises to protect them from tyrannical government in these treacherous times, when the President of the United States has pledged to the American people that the Government of the United States will investigate and prosecute his political enemies and is delivering on that pledge every day…”
Referencing statements from House Republicans criticizing Biden’s aides for invoking their Fifth Amendment rights, Luttig argues that such rights are foundational protections against government abuse, not grounds for suspicion:
“Securing one of the most cherished constitutional rights against government tyranny that we Americans have, the Fifth Amendment to the United States Constitution commands that, ‘No person shall be compelled in any criminal case to be a witness against himself.’”
He continues:
“Having once proudly claimed to be the party of the Constitution, today’s Republican Party can proudly claim instead the mantle of party opposition to the Constitution.”
Luttig also links the Oversight Committee’s actions to broader concerns about abuse of power and draws historical parallels to the grievances listed in the Declaration of Independence:
“All persons should have the right to counsel who is independent of the government and uninfluenced and uninfluenceable by the government… Thereby, and only thereby, will they preserve, protect, and defend the Constitution against this abuse by our Government.”