FORGET THE MEMOS, READ THE WARRANTS:

How can Democrats respond? There is one path of maximal resistance that would likely be highly contentious but also highly effective: Use the Constitution to play tit for tat.

The speech or debate clause of the Constitution (Article I, Section 6, Clause 1) provides that "for any Speech or Debate in either House, [members of Congress] shall not be questioned in any other Place." An unbroken two-centuries-old tradition has rightfully interpreted this provision as forbidding prosecution or lawsuits against a legislator for speeches made on the floor or in committee.

Democrats must make clear that if the memo is released, they will take to the floor or the committee and release their own memos into the record, relying on and quoting confidential information if need be. If such information reveals that President Trump obstructed justice, or that the Trump Organization is propped up by laundered Russian money, or White House aides lied to law enforcement, or Jared Kushner agreed to lift Russian sanctions in exchange for Russian election assistance, or anything else, then so be it. The threat to reveal a truth far more damaging than Nunes' cooked-up memo might get Trump and the Republicans to reconsider their game of high-stakes chicken with the rule of law. And Democrats will be immune from any legal retribution.

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