emptywheel

But this is different: this isn't Nunes et al disagreeing with the exec branch and asserting their superiority under X/11g; it's them denying the exec branch the opportunity to do that determination in the first place.

Trump doesn't count as executive branch?

The rule is they notify the president and give him 5 days notice that they are releasing it. It's not a request for his input.

You miss my point. This is Nunes doing the will of POTUS to deny the institutional bureaucracy its input. It's a way Trump might bypass the controls @jacklgoldsmith laid out yesterday.

Sure. But Trump circumvents them out of his own weakness and inability to control the levers of his own administration.

If it works is it weakness? Would a court challenge this? It's especially smart bc he's hiding behind Nunes' S&D.

It's House rules, so courts won't get involved. And even if the rules were broken, the recourse would be to the speaker, and Ryan seems perfectly happy to let all of this continue; he could shut a lot of this nonsense down in an instant if he chose to do so.

No. It's also that Nunes might be at risk of obstruction if he weren't protected as another branch. Nunes is the one Trump flunkie who--probably correctly--hasn't exposed himself to legal risk.