:eek::dubious:
Wait, the merits of the matter aside, does Congress not have the power to compel process and hold in contempt?
There are several avenues. One requires the cooperation (or faithful execution of duty) of the United States Attorney for the District of Columbia. But the other two involve the inherent powers of Congress, or Congress plus a US District Court. Contempt of Congress - Wikipedia
The president can pardon people for criminal contempt, or simply direct that people not be prosecuted for contempt.
He cannot pardon civil contempt, where penalties are assessed as a way to force compliance.
In theory, Congress could also impeach a president who (in their estimation) abused the pardon power. This was explicitly mentioned by James Madison as a remedy for such abuses. This isn’t so much a limit to the power as a check on its overuse, though.
I wondered about this. What if they stop refusing to testify and just say “I do not recall” to every question.
Wouldn’t this be criminal contempt?
Yes, but congress would depend on the Dept of Justice to prosecute the contempt and that is just not going to happen. First congress would have to impeach and then convict the AG and that is not going to happen either. So congress’s hands are tied. As long as at least half the house or one third of the senate is okay with the situation, the contempt of congress will be with impunity.
Yes. But it has no power to direct state courts to sanction lawyers.
No. You can be forced to answer. Refusing to do so is contempt. Giving a false answer is not the same as refusing to answer. But it is perjury.
Ok but the president can pardon perjury but he can’t pardon civil contempt, right? So answering with “I do not recall” to all questions would be the right strategy if you knew for certain you would get a pardon.
It’s also less likely to get prosecuted, I think. I mean, you can prove those answers are lies – it’s possible – but it’s a whole lot easier to prove that someone did not show up, or showed up but refused to answer any questions.
Thank you! I’ve missed you guys!