In that case, the former president would not have any legal concern with respect to producing information for a committee that no longer existed. 6 committee and also to withdraw the subpoena against the former president. If the Republicans gain control of the House in November, the new majority would have power both to wind up the Jan.
6 committee if Republicans win the House in the upcoming election If they take the criminal contempt route, and the Justice Department were to agree to bring a case, and a court were to find the former president in contempt, that could be a sentence of up to one year and a fine of up to $1,000. If the committee takes that second route, there's a possibility of civil contempt sanctions, which might be a fine and, in rare cases, imprisonment. The second option the committee has is to proceed in court itself using a civil suit to compel performance by the former president under the subpoena's terms. Indeed, Steve Bannon was just convicted under that statute. There is an 1857 statute that allows prosecutions for contempt of Congress. The first is that it could refer the case to the Justice Department for prosecution. On what penalties he may face if he does not cooperate Congress has to take a couple of steps before this subpoena would be enforced, and it is likely that any of the paths that it took would require a good deal of time and would give the former president a number of opportunities to delay the process beyond the life span, at least, of the current Congress. This interview has been lightly edited for length and clarity.Ī subpoena is a lawful order to produce either documents or to testify. "His being a former president does not entitle him to skip out on the law."Īziz Huq is a professor of law at the University of Chicago, where he focuses on constitutional law, and he joined All Things Considered to parse what comes next. "Multiple presidents and seven former presidents have come to testify before Congress, several of them voluntarily," he said. Jamie Raskin of Maryland, a member of the House select committee, told NPR on Friday that Trump doesn't really have a choice. Capitol has voted - unanimously - to subpoena him, you have to wonder about the former president's next move.ĭemocratic Rep. So now that the congressional committee investigating the Jan. Donald Trump is not known for cooperating with investigations that target him or his businesses.
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