Those Fucking Subpoenas

[Roy Rolling]

Don’t Processor-served subpoenas have a date printed on them for the served person to show up?

I’m no lawyer, but I would STFU now, and quietly deploy U.S. marshals to the subject’s location ahead of time to make sure the person shows up.

This is something that will be a genuine news event—send the TV cameras and reporters to cover the testimony date and arrival to Congress— under their own volition or in handcuffs.

Everything until then is just theater.

[Tribetime]

1. I like the way you think 👌

[WarGamer]

2. A Congressional subpoena is not a subpoena issued by a County Prosecutors office.

[wryter2000]

3. And what I'd like to see as well

A fast track for court action on objections to subpoenas. So, Trump can file any bogus thing he wants, but the court would throw it out within a week, 2 weeks, tops.

I'm no lawyer, but can't the committee ask for a motion for summary judgement on ridiculous claims and get rid of the court waiting time?

[Hoyt]

4. I don't think Congress can deploy US Marshals or any other law enforcement agency.

They might get the DOJ to enforce the subpoena, but doubt they can make these folks talk. If they try, it'll be tied up for years in courts.

Sucks, but that's the system unfortunately. Eric Holder got same benefit when he refused to appear subsequent to a Congressional subpoena.

I'd just as soon DOJ charge the insurrectionist enablers if they have some evidence.

[onenote]

5. The US Marshals have no role to play.

Congress would have to vote to hold a person resisting a subpoena in contempt and authorize the Sergeant at Arms to arrest the person, bring him/her before Congress for what effectively would be a trial.

It's a cumbersome process and one that raises all sorts o issues when the target of the subpoena is alleging that they are excused from complying pursuant to some rule of privilege.

[S/V Loner]

6. If they want to fight the subpoena then...

let them fight it from prison. Don't fuck around with them.

[Silent3]

8. I'd prefer that way to, but I can't find anything that makes it clear...

...whether Congress has the power, even if they want to have that power, to make it happen.

[Silent3]

7. What pisses me off is I don't think anything short of a Constitutional amendment...

...can put any teeth into a Congressional subpoena to force quick compliance. As it stands right now, as far as I know, a person who is subpoenaed by Congress has plenty of room to drag things out in court for months or even years.

And even if they show up, they can stonewall and there's little that can be done about it.

I haven't be able to find enough detail about how Susan McDougal ended up in jail for 18 months for contempt, but I don't think that was contempt of Congressional subpoenas, but rather criminal proceedings related to Whitewater.

[Roy Rolling]

9. My More Nuanced Point

Speculation over subpoenas is getting too much. Have Congress use their maximum powers to snatch up a subpoena refusenik, one second after they become late.

Whatever power they have Congress should use immediately when their power is challenged—not one second of grace. Play fucking hardball with the rules for once.

[onenote]

12. Not how it works.

Maybe you're more familiar with the "rules" to which you refer than I am. But my understanding that Congress would have to vote to authorize the Sgt at Arms to arrest a non-compliant witness and that such vote wouldn't occur until after the witness refused to comply. Moreover, the moment after "snatching" someone, that person's lawyer would file a petition for a writ of habeas corpus and the person would be released while Congress (and ultimately the courts) consider whether they are guilty of contempt or have a valid claim of privilege.

[hamsterjill]

10. How did Susan McDougal wind up in prison?

There are ways of doing this.

[onenote]

11. Several ways.

First, she was convicted of several counts of bank fraud and sentenced to three two-year terms, to be served concurrently. She could have been sentenced to as much as 17 years in prison). Before she began to serve that term, she appeared before a grand jury and refuse to answer three questions despite having been given immunity. So she was charged with and sentenced to jail for contempt. She served the maximum 18 month sentence and then four months of her sentence from her conviction for bank fraud, before being given early release.

[hamsterjill]

13. So surely

The Trumper Traitors can be put in jail IF there is enough effort. I mean if it’s bank fraud we need, surely we can find some.