Opinion | Michael Conway: Watergate showed Congress how to deal with Barr defying subpoenas. - NBCNewsTHINK
First, Congress “has the power to hold in contempt a person who has disobeyed its subpoena,” or, to a lesser degree, the House can reprimand or censure the recalcitrant witness. A contempt finding, however, requires an affirmative vote of the entire House.
If the subpoenaed party today — Barr — does not produce the requested documents or justify to Congress grounds for nondisclosure, the House could find him in contempt and order him arrested for the duration of the current term of Congress ending in January 2021 or until the party complies with the subpoena.Recognizing in 1974 the impracticability of arresting Nixon, the staff report offered a second option: seeking a court order to enforce compliance.
And, the staff added, seeking either criminal or civil relief for presidential noncompliance would “pose a number of problems for this inquiry, including delay, the uncertainty of relying upon the executive branch to prosecute the chief executive, and doubt whether an incumbent president may be prosecuted for a criminal offense before his impeachment and removal from office.” Related
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