I am a long time registered Republican.
BUT I’m still very angry at the Republican defense in the
Impeachment.
How dare they say that the subpoenas sent to the President were invalid?
I did some research. There is no legal statute defining
what it takes to issue a subpoena. However, the Supreme Court has made several
decisions stating that Congress may definitely issue and enforce subpoenas.
They have left it up to the House to write its own regulations about how to do
it.
When questioned about the validity of its subpoenas, the House
passed a resolution (H. Res 660) on October 31, 2019. In this resolution they
clearly stated that the various committees did have the authorization to issues
subpoenas for testimony relating to the impeachment of the President.
Previously, the House tried to enact a statute (HB 4010) with the intent to
enhance compliance with congressional subpoenas. It was passed unanimously
on October 24, 2017. But, this bill never made it into law because the Senate
ignored it. The house has never taken up the question again.
The Republicans say that the House didn't follow the rules. They
say the subpoenas are invalid and didn’t follow procedure. But with no legal statute,
what exactly are "the procedures"? Are we to believe that the House
didn't have any rules? What about the bill that they passed unanimously? What
about their resolution to support committee subpoenas? Hasn’t the Supreme Court
specifically stated that House committees do have the power to issue and
enforce subpoenas?
Obviously, the President cannot be compelled to testify against
himself and thus could refuse any subpoenas directed at him. However, subpoenas
directed to others should be valid and enforceable.
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