No. of Recommendations: 11
Usually allows for the fact that there in fact may be some cases where the ..unusual..happens as we are currently witnessing.
Not really. The cases we've been discussing here on these boards have all had ordinary explanations for why there were different outcomes.
For example, Bannon faced criminal contempt charges, while Holder did not. But that's because Bannon was subpoenaed in his private capacity for non-governmental records, while Holder was subpoenaed in his official capacity for governmental records. That means Holder has insurmountable defenses against criminal prosecution, while Bannon does not.
In this instance, Giuliani faced sanctions not because he's a Republican, but because he failed to comply with discovery orders in a civil suit - while someone like, say, Christopher Wray will almost certainly not face sanctions for his refusal to turn over FBI records that Congress wants. But again, that's because these are completely different situations. Refusing to comply with civil discovery will routinely result in sanctions against the party litigant; Federal government officials refusing to comply with a Congressional subpoena for government records until a court orders them to will never (as far as I'm aware) result in criminal penalties against that official.
I'm trying to think of a case where there wasn't a pretty ordinary explanation for the differences in outcome. Perhaps you could point me to one?
