I’ve been loosely following the January 6 commission investigating the insurrection. From time to time, they issue subpoenas – I think they just issued one for Giuliani. Others off the top of my head are Steve Bannon and Mark Meadows.
I think Trump’s communications director agreed to talk to congress. I’m not sure whether she was subpoenaed. I know that Bannon and Meadows have not complied with the subpoena.
Back in November, the House indicted Bannon for contempt. I don’t know if they’ve done the same for Meadows. It looks like Bannon has some trial set for July.
Bannon will likely easily extend this past the election, and if the Republicans take the House as expected, that will be that.
Is it fairly unprecedented for people to just tell congress to just go pound sand? I don’t remember this happening before, but there are probably lots of examples.
Nit to pick here, and it’s an important one. The House didn’t indict Bannon; the House referred charges to the Justice Department, which indicted Bannon. Even if the House changes hands, the Justice Department may continue with his prosecution.
You might need a lawyer to answer that, or at least someone who more closely approximates one than I. At that point, I think it would at the discretion of the Justice Department, which likes to portray itself as being above politics. But I think that once you’ve been in contempt of the 117th Congress of the US, you’ve violated the law regardless of how the 118th considers you.
How that affects Justice’s estimation of the likelihood of success and the value of their case is another matter.
Guiliani has an interesting choice. On one hand, he loves the chance to get on camera. On the other, his loyalty to Donald. On the other, God he loves to talk on television. On the other, he has a good chance at incriminating himself. On the other, those cameras…
It’s such a common tactic that so many at that level take I really wonder if there is ever any downside?
If ever the police or lawyers question you give them your name then repeat the 5th ad nauseum no matter what they ask you. Are puppies cute? Plead the 5th.
There’s certainly a long history of individuals refusing to comply with Congressional subpoenas, including executive branch officials of both parties. Usually what happens is there is a negotiation over the exact terms under which the witness will testify or what documents will be produced. But if a witness remains incalcitrant, Congress can seek criminal enforcement through the Department of Justice, which will often decline to pursue contempt charges against a member of the current administration who is claiming executive privilege. Congress can also pursue civil enforcement through the courts, but that can take years.
In April 2012, Issa announced that his committee was drafting a Contempt of Congress resolution against Holder in response to the committee allegedly being “stonewalled by the Justice Department” on additional documents.
On June 19, 2012, Holder met with Issa in person to discuss the requested documents. Holder said he offered to provide the documents to Issa on the condition that Issa provided his assurance that doing so would satisfy the committee subpoenas and resolve the dispute. Issa rejected the offer. Holder then told reporters “They rejected what I thought was an extraordinary offer on our part.”
On June 20, 2012, the Oversight Committee voted 23–17 along party lines to hold Holder in contempt of Congress for not releasing the additional documents the committee had requested. A memo from Holder’s office said of the vote: "It’s an election-year tactic intended to distract attention.
On June 20—the same date as the Oversight Committee vote—President Obama asserted executive privilege over the remaining documents requested by the committee. While Democrats argued that Holder was carrying out his constitutional role by honoring the executive privilege claim, on June 28, 2012, House Speaker John Boehner scheduled a vote on the contempt resolution anyway. Holder became the first U.S. Attorney General in history to be held in both criminal contempt. He was held in contempt by the House of Representatives in a 255–67 vote, with 17 Democrats voting for the measure, 2 Republicans voting against the measure. The remaining Democrats refused to vote and marched out of the House, led by Nancy Pelosi, as a means of protesting the actions of Republicans. Holder responded to the vote, describing it as “the regrettable culmination of what became a misguided and politically motivated investigation in an election year.”
The Justice Department declined to prosecute the attorney general on the contempt charge, citing the fact that President Obama had asserted executive privilege.
In retrospect, David Weigel Bloomberg Businessweek called the contempt of Congress vote “both popular and stunningly ineffective, enraging Holder and turning him into a more outspoken and implacable foe of Republican policies on voting rights and policing.”
The Supreme Court just ruled that the presidential records from the Trump White House must be released to the congressional committee investigating the January 6 attack.
“Executive Privilege” did not work here, and it’s not going to work for Bannon, Guiliani, or any of the others.
I guess they can all go and plead the 5th hundreds of times, just like the others.
Any comments upon Gingrich threatening members of the Committee if Republicans take the House in the mid-terms? He says jail time for committee members. And apparently Gaetz is committed to make it come true when the majority changes.
(Didn’t seem like a whole thread on its own and this one seemed like the best place for the topic unless it becomes a distinct topic.)
There’s another way for the Committee to handle these referrals.
Rather than asking the DOJ for enforcement for their subpoenas, they can turn over their entire body of work when they’re done, including what they’ve got on those who chose to not comply with those subpoenas. Based thereon, the DOJ can determine for themselves who has engaged in criminal conduct. Indict, issue warrant and arrest. Done like dinner, and none of this messy subpoena enforcement nonsense.
Seems stupid to me. The only way that they can get someone arrested is if they refuse to show up and answer questions or refuse to hand over documents.
The only case where someone wouldn’t show up and wouldn’t hand over documents would be if they have some material that would help Trump to know what evidence he needs to destroy or lies he needs to start telling to offer an innocent explanation for what is there.
For someone like Cheney, I think that it would be pretty straightforward to deal with any materials like that. Once the midterms have passed, if the Republicans win and shut down the commission, then it’s never going to resume again. It’s not like she needs to keep stuff under wraps so that it can be used again later when the commission starts up again. At that point, getting as much information out as possible, and onto the record, is a best case result - and bad for Team Gingrich.
The only case where Cheney might need to keep something under wraps would be if the DOJ/FBI also has those materials and they need it to be kept under wraps.
In that case, Cheney shows up with a DOJ lawyer, answers all the questions except the one where the DOJ asserts privilege, and that’s it. No harm, no fowl.
Why? There will be no negative consequences for him, his popularity will rise and there is a chance people will take the threat seriously and back off just a bit.
The latter, no. But in terms of trying to get back into the limelight, yeah, that’s true. I was talking about the actual threat, not the political posturing.
Given that it’s an empty or self-defeating threat, it’s stupid. But stupid is, as you point out, the best way to score political points.
I have no doubt that if the Republicans take over Congress (or even just the House) they will dissolve the committee and bury all information in a deep, deep hole.
But I also have no doubt that if Gaetz and Greene find themselves in the majority and especially considering how effective McCarthy has been at keeping them in line, they will launch a committee to investigate the January 6 Committee. They will be looking to hang all of the crimes Trump and they themselves committed upon every member of the 1/6 Committee.
Politically motivated investigations.
Public utterances of untruths (they will declare the “Big Lie” to be the 2020 election as they have been trying to do since before it happened- then accuse Dems and RINO’s of lying about it)
Without merit going after children of opponents.
Not loving America first with their whole heart, and their whole soul, and with their whole being.
They are already like cartoon villains, just think how far they will go with unchecked power?? A very few of them might even be far enough around the bend to believe their own shtick.
Of course if the Republican Party gains a majority in the House of Representatives and makes Trump the Speaker of the House - - - as many have speculated . . . . . . yes, imprisoning the opposition is the least that can be expected! Work camps and re-education centers will become a part of United States history.