CONGRESSIONAL SUBPOENAS? WHAT’S NEXT?
WHAT’S NEXT? WE LOOK AT THE POTENTIAL
RAMIFICATIONS.
RAMIFICATIONS. >> THE IMPEACHMENT INQUIRY INTO
THE PRESIDENT HAS SPIRALLED INTO
A DUEL BETWEEN HOUSES DEMOCRATS
AND TOP ADMINISTRATION THAT
REFUSES TO COOPERATE.
EARLIER THIS MONTH WHITE HOUSE
COUNSEL MADE IT PRETTY CLEAR.
HE WROTE, IN ORDER TO FULFILL
HIS DUTIES TO THE AMERICAN
PEOPLE, THE CONSTITUTION, THE
EXECUTIVE AND ALL FUTURE
OCCUPANTS OF THE OFFICE OF THE
PRESIDENCY, PRESIDENT TRUMP AND
HIS ADMINISTRATION CANNOT
PARTICIPATE IN YOUR PARTISAN AND
UNCONSTITUTIONAL INQUIRY UNDER
THESE CIRCUMSTANCES.
THESE CIRCUMSTANCES. >> WE’RE FIGHTING ALL THE
SUBPOENAS.
SUBPOENAS. >> WE KNOW THE WHITE HOUSE, VICE
PRESIDENT MIKE PENCE, SECRETARY
OF STATE MIKE PORN POMPEO AND
TRUMP’S PERSONAL ATTORNEY, RUDY
GIULIANI, HAVE ALL BEEN
SUBPOENAED.
SUBPOENAED. WHAT HAPPENS NEXT TO THOSE IN
TRUMP’S ORBIT WHO REFUSE TO
COMPLY WITH THOSE SUBPOENAS?
I CALLED DR. MATTHEW WILSON, AN
ASSOCIATE PROFESSOR OF POLITICS
AT SOUTHERN METHODIST
UNIVERSITY.
UNIVERSITY. >> CONGRESS DOES NOT HAVE THE
AUTHORITY TO ACT AS A LAW
ENFORCEMENT AGENCY.
ENFORCEMENT AGENCY. THAT’S NOT ITS JOB.
>> THE TRUMP ADMINISTRATION’S
OUTRIGHT REFUSAL TO COOPERATE IS
NOT TESTING CONGRESS’ POWER TO
ISSUE SUBPOENAS, BUT CONGRESS’
POWER TO ENFORCE THEM.
BUT LET’S TAKE A STEP BACK.
THREE PRESIDENTS BESIDES TRUMP
HAVE BEEN SUBPOENAED IN THE
PAST.
PAST. THOMAS JEFFERSON, RICHARD NICKS
TON AND BILL CLINTON.
JEFFERSON INITIALLY REFUSED TO
COMPLY AND THEN PRODUCED SOME
DOCUMENTS AND THEN OFFERED TO
TESTIFY.
TESTIFY. RICHARD NIXON RESIGNED, AND
CLINTON’S SUBPOENA WAS WITHDRAWN
AFTER HE VOLUNTARILY AGREED TO
TESTIFY.
TESTIFY. HERE’S KEITH WHITTINGTON, A
CONSTITUTIONAL LAW PROFESSOR AT
PRINCETON UNIVERSITY.
PRINCETON UNIVERSITY. >> THE QUESTION IS WHAT ARE THE
LEGAL GROUNDS FOR REFUSING TO
COOPERATE AT ALL?
WHAT PRESIDENTIAL
WHAT PRESIDENTIAL ADMINISTRATIONS HAVE DONE IN THE
PAST AND WHAT THE TRUMP
ADMINISTRATION HAS DONE ON A
OCCASIONS AS WELL IS LEAN ON
EXECUTIVE PRIVILEGE IN ORDER TO
ARGUE THE VERY SPECIFIC
DOCUMENTS, VERY SPECIFIC
INFORMATION HAS TO BE KEPT
CONFIDENTIAL IN THE EXECUTIVE
BRANCH AND CAN’T BE SHARED WITH
CONGRESS.
CONGRESS. WHAT’S STRIKING ABOUT THE
ADMINISTRATION’S CURRENT
ADMINISTRATION’S CURRENT POSITION IS IT DOESN’T MAKE
THOSE KIND OF VERY SPECIFIC
CLAIMS.
CLAIMS. INSTEAD, IT’S MAKING A VERY
BLANKET CLAIM, WE’RE NOT GOING
TO COOPERATE AT ALL.
>> WITH THAT LACK OF PRECEDENCE,
TRUMP’S CRITICS ARE WONDERING
HOW POWERFUL SUBPOENAS ARE.
>> THEY GAVE HIM THREE SUBPOENAS
LIKE PARKING TICKETS.
>> CONGRESS DOES HAVE A FEW
OPTIONS, THOUGH RARELY USED.
CRIMINAL CONTEMPT, CIVIL
ENFORCEMENT AND -- FIRST UP,
CRIMINAL CONTENT.
CRIMINAL CONTENT. >> THEY CAN HOLD THE RELEVANT
EXECUTIVE BRANCH OFFICIAL IN
CONTEMPT OF CONGRESS FOR NOT
COMPLYING WITH THE SUBPOENA
WHICH MEANS THEY CAN THEN REFER
THAT TO THE JUSTICE DEPARTMENT
FOR CRIMINAL PROSECUTION.
IN FACT, AS THE JUSTICE
DEPARTMENT WILL NOT ACTUALLY
PROSECUTE THOSE CASES.
>> THAT’S WHAT HAPPENED WHEN THE
HOUSE HELD ATTORNEY GENERAL
WILLIAM BARR AND COMMERCE
SECRETARY KILLWILBUR ROSS IN
CRIMINAL CONTEMPT.
CRIMINAL CONTEMPT. THEY ASKED THE JUSTICE
DEPARTMENT TO PROSECUTE THOSE
TWO FOR IGNORING THEIR
SUBPOENAS.
SUBPOENAS. BUT, OF COURSE, THE TRUMP
ADMINISTRATION’S DEPARTMENT OF
JUSTICE WEREN’T EXACTLY GOING TO
PROSECUTE ITS OWN ATTORNEY
GENERAL.
GENERAL. THE ONLY OTHER TIME IN U.S.
HISTORY THIS HAS HAPPENED TO A
SITTING CABINET MEMBER WAS IN
2012 WHEN A REPUBLICAN HOUSE
HELD THEN-ATTORNEY GENERAL ERIC
HOLDER IN CRIMINAL CONTEMPT OF
CONGRESS.
CONGRESS. BOTH OF THESE EXAMPLES SHOW THAT
GOING THE CRIMINAL CONTEMPT
ROUTE MAY NOT BE THE BEST
OPTION.
OPTION. CONGRESS CAN ALSO GO THE CIVIL
ROUTE.
ROUTE. ESSENTIALLY ASKING THE COURTS TO
ORDER THE WITNESS TO HAND OVER
THE DOUMS.
THE DOUMS. >> THEY CAN TRY TO TAKE THOSE
PROJECTIONS, THOSE SUBPOENAS TO
COURT AND TRY TO GET A COURT
ORDER.
ORDER. >> BUT CIVIL ENFORCEMENT CAN
TAKE FOREVER.
TAKE FOREVER. SO, THE THIRD OPTION FOR
CONGRESS IS INHERENT CONTEMPT.
CONGRESS HAS RARELY USED IT IN
THE PAST BUT THEY HAVE THE POWER
TO IMPRISON OR FINE NONCOMPLIANT
WITNESSES ON THEIR OWN.
>> IT’S BEEN SINCE THE 1920s
WHEN CONGRESS USED THE SERGEANT
OF ARMS TO GO AND ARREST
SOMEONE.
SOMEONE. THAT THEATRICALLY IS POSSIBLE.
THE HOUSE OF REPRESENTATIVES
COULD SEND ITS SERGEANT-AT-ARMS
TO ENFORCE A CONTEMPT CITATION.
I THINK THAT’S UNLIKELY TO
HAPPEN.
HAPPEN. IT HASN’T BEEN DONE IN ALMOST
100 YEARS.
100 YEARS. >> THE CALCULATION BEING MADE BY
TRUMP ADMINISTRATION OFFICIALS
WHEN THEY DECIDE TO I GUESS
FOREA SUBPOENA?
FOREA SUBPOENA? >> I THINK THE WHITE HOUSE --
THE PRESIDENT IS GOING TO BE
IMPEACHED IN ANY CASE.
HE’S ASSUMING IMPEACHMENT IS
GOING TO OCCUR AND SO NOW HE’S
LOOKING FURTHER DOWN THE ROAD
AND FOCUSING HIS ATTENTION ON
THE SENATE KRIL AND ULTIMATELY
TO THE PRESIDENTIAL ELECTION
CAMPAIGN.
CAMPAIGN. IF YOU’RE CONVINCED THEY’RE
GOING TO IMPEACH NO MATTER WHAT,
IT DOES ENCOURAGE THE WHITE
HOUSE TO BE NONCOOPERATIVE.
>> THERE’S ONE MORE THING
CONGRESS COULD DO.
LESS OF A LEGAL OPTION AND MORE
OF A POLITICAL TACTIC.
BASICALLY, THEY TRIED TO USE
THEIR LEVERAGE TO DERAIL
PRESIDENT TRUMP’S LEGISLATIVE
AGENDA.
AGENDA. >> AND THE TRUMP
ADMINISTRATION’S CASE, IT’S NOT
CLEAR THEY HAVE A LEGISLATIVE
AGENDA.
AGENDA. >> IT’S WORTH REMEMBERING,
IGNORING ALL OF THESE SUBPOENAS
COULD BACKFIRE FOR THE TRUMP
ADMINISTRATION.
ADMINISTRATION. BECAUSE THAT RESISTANCE COULD BE
GROUNDS FOR IMPEACHMENT IN AND
OF ITSELF.
OF ITSELF. >> THE HOUSE MIGHT SIMPLY SAY,
IF YOU’RE HIDING THE EVIDENCE OF