Educate me, please. What can the January 6th Committee do about it if witnesses defy

[Atticus]

its subpoenas?

Can such "defiers" be arrested and brought before the Committee "in custody"? If so, who would do this?

Thanks in advance.

[Walleye]

1. The theory is, congressmen are held to account by their voters. It doesn't seem to be working

[brush]

3. Too early to say that. There hasn't been an election since Jan. 6.

[Atticus]

4. If that is all there is, I expect "Go jump!" and "Pound sand " to be the most common responses

to subpoenas from a committee of the US HOUSE OF REPRESENTATIVES.

The laughter of the Trumpies will be deafening.

[uponit7771]

38. +1,

[brush]

2. Their defiance of subpoenas and refusal to testify can be used effectively...

in campaign ads in '22 if they're elected officials.

[LexVegas]

6. Yeah, the voters that put them in office will be swayed by those ads. nt

[brush]

9. Some of them may not have fondness for insurrectionists...

but they aren't the only ones who vote. Effective ad campaigns can bring out Dem and indy votes.

Come on, you know this, right?

[LexVegas]

11. I think you're going to be surprised and upset on election night. nt

[brush]

13. On my, pessimism on a Democratic site 18 months before the election.

So why are you on this site? I bet you were a whoot before the two Georgia senate run-off elections...which we won btw.

Try working on your GOTV mindset.

[DBoon]

10. Their voters will be proud of them for defying subpoenas

Being a crook is an honor among republicans

[rso]

5. RSO

Unlike when Donnie's DOJ refused to enforce Congressional subpoenas, Garland can enforce such subpoenas for "Contempt of Congress" (a federal felony), and actually bring charges.

[woodsprite]

7. Why do I feel like Garland's DOJ, Fitzmas, and Meullertime have common traits. nt

[StarfishSaver]

16. I don't know. You tell us.

[smirkymonkey]

28. You're not the only one.

Time will tell. I'm not optimistic.

[padah513]

8. I like the sound of that

Imagine D's bringing a gun to a gunfight

[totodeinhere]

12. Theoretically the witnesses could be arrested and taken into custody if they defy a

Last edited Fri Jul 9, 2021, 02:10 PM - Edit history (1)

legal congressional subpoena. But it has never been done before and I doubt if the House leadership would go that far in this case either.

[gab13by13]

15. Why not?

[StarfishSaver]

18. What would be the purpose?

Do you think that would make anyone testify? They could show up and still refuse to testify or if they do testify, not offer anything of use.

People would love to see Congressional leadership throw their colleagues in jail for refusing to testify, but even if they did - which they won't - it wouldn't result in anything but a circus.

[brush]

21. Going to jail isn't exactly pleasant.

[StarfishSaver]

22. What jail would they go to?

Congress doesn't have a jail and has no ability to send anyone to any other jail outside its jurisdiction.

And even if they tried to arrest someone, a court would issue a writ of habeas corpus or an injunction before the ink on the arrest warrant was dry, so there's still be nobody going to jail.

All of this may sound good in the abstract, but it's all fantasy.

[brush]

23. I think there is a small jail in the Capitol but that would not be the place...

that would be used IMO as we now have a Democratic DOJ who I hope would get involved.

It's all speculative of course. Neither of us knows what would happen.

[Grasswire2]

26. Here's what is precedent.

Susan McDougal.

Republicans imprisoned Susan McDougal for EIGHTEEN MONTHS for refusing to testify against Bill Clinton in a CIVIL MATTER.

She was punished horribly. Chained to the toilet of her cell, shackled when taken out of it, held in solitary confinement, put on the punitive bus rides from prison to prison.

EIGHTEEN MONTHS.

Looks like you have some catching up to do on just what CAN or COULD be done. Your scenarios are not predictive, if resolve and strength will rule the day in this Congress.

[totodeinhere]

34. It is not a precedent. Here we are talking about sitting members of Congress

which she was not.

[Grasswire2]

35. No

We (I thought) are talking about the actions that COULD be taken to compel testimony when a Congressional subpoena has been issued.

Subpoenas CAN be enforced. Congress has the power to do so.

Remember that it took a fricking six months for Barr to comply with the subpoena from House Judiciary. There were no consequences for his delay.

And then there's McGahn.

[totodeinhere]

37. The fact that Susan McDougal was not a sitting member of Congress is relevant.

It's one thing to imprison a private citizen. It's quite another to imprison a sitting member of Congress. Yes, no one including members of Congress is above the law but in the real world it often doesn't work that way.

[totodeinhere]

33. Why has it never been done before? Plenty of Trump Administration officials defied subpoenas and

nothing was done. Why do you think that would change now?

[CrispyQ]

17. No one knows how to demoralized their base better than the Democratic Party!

I read over 20 Q-anon candidates are running in 2022. Just what we need, to lose seats to these whack jobs.

[smirkymonkey]

30. +1000

[StarfishSaver]

14. They can be charged but not likely arrested. But witnesses are highly overrated in this case

The committee can get most of what it needs through cooperative witnesses, documents, video, phone records, etc . I don't think there's much hostile witnesses would add to the process.

[gab13by13]

19. If that's the case,

the DOJ needs to be involved. Cooperative witnesses, documents, video phone records, etc., aren't going to find out who authorized tours of the Capitol to insurrectionists or who disabled the panic buttons in Congressional desks.

I guess the best answer to this is to get out and vote and hope that elections are run fairly in Republican controlled states.

[StarfishSaver]

20. Agree. DOJ should enforce and prosecute any defiance of congressional subpoenas

And you'd be surprised how much documentaries can prove that much more reliably than witnesses, in most instances. Certainly no one can expect a hostile witness to come before the committee and say " Yeah - You got me. I authorized the insurrection."

And, yes - we need to be voting in droves.

[Mr.Bill]

25. I agree. This was a crime

that was well documented by the people who committed it. There's not a whole lot of mystery here.

[Grasswire2]

27. see above.

More speculation from you.

Look back to the matter of Susan McDougal's refusal to testify against Bill Clinton.

[uponit7771]

39. McDougal's case was the exception, I don't see anyone finding a judge that will allow for arrest on

... not answering to special counsel when there's no special counsel

[sanatanadharma]

24. HUAC, did the House Un-American Activities Committee have difficulty with compliance?

Remember the previous McCarthy? The communist hunters of decades past seemed to have sufficient power to subpoena and cause havoc to those accused of not being cooperative.

[StarfishSaver]

29. HUAC was 70 years ago and completely abused its power

There have been many reforms to the law and process since then.

Not sure if HUAC is a good model for any of this.

[Alpeduez21]

31. If it was good enough for requkes to do it Susan McDugall

It will certainly be good enough for requkes to have done to them. Throw them in a cell and chain them to the toilet.

[Grasswire2]

36. +1000

They will not stop until they are made to feel real pain.

This dance has been going on for thirty years now. Look forward, not back!

[uponit7771]

40. There's no special counsel with arresting powers

[Deminpenn]

32. The Biden administration isn't going to be a roadblock

like the previous administration was to people inside gov't and outside it who were asked to testify before Congress.