In my opinion, Dems should take a break and then subpoena

[bpositive]

Whittaker. They need to set the tone and expectations for this hearing and all future oversight hearings. What is the downside? People need to be held accountable. In my opinion, the downside will be felt if they do not subpoena- we will look impotent and feckless.


Republicans will continue to run out the clock and play games- it's what they do. It's no secret. Time for messing around is over.

[RockRaven]

1. Serving him with a subpoena would make for great television.

So would bringing in the Sergeant of Arms of the House and reminding Whitaker "That's who is going to be arresting you if you become the subject of a contempt citation."

[bpositive]

2. Like a referee at a soccer game

If they set the ground rules and tone early in the game i.e. red cards or yellow cards, the players tend to play within the rules.

Same idea here- let everyone know that we are not playing around.

[former9thward]

3. Eric Holder refused a subpoena.

No one arrested him. It doesn't work that way.

[NewJeffCT]

4. the case did go to court

and Holder had to release the requested documents fairly quickly

[former9thward]

7. Holder won in court.

Judge declines to hold Holder in contempt

https://www.politico.com/blogs/under-the-radar/2014/10/judge-declines-to-hold-holder-in-contempt-196650

The judge ordered some -- not all -- of the documents released to Congress.

[RockRaven]

5. It does when a house of Congress exercises it's inherent contempt powers, instead of the

contempt of congress statute.

[former9thward]

6. When has that been done?

I will help you. 1935 was the last time it was used. It will not be used here.

Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

https://fas.org/sgp/crs/misc/RL34097.pdf

[theboss]

8. I don't think that power has been challenged in court this century

I think it would lose.

The courts hate enforcing congressional subpoenas as it becomes a situation of two co-equal branches putting itself in authority over the third. I can't imagine courts would uphold that power.