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This challenge potentially becomes more difficult because the relevant law-USC В§ 192-has been moribund for decades. 6ДЇormer Trump Adviser Michael Flynn: U.S. No, Constitutional Scholars Are Not вЂњ50/50вЂќ in Agreement With Donald Trump About Jan. While the law hasnвЂ™t been successfully used in decades and has a complex history when it comes to confrontations between the executive branch and legislative branch, it was once regularly used to enforce subpoenas of witnesses not employed by the executive branch, which none of these witnesses currently is.ДonвЂ™t Blame Judge Schroeder if Kyle Rittenhouse Goes FreeДЄ Few Lessons From Failed Conservative Colleges for the New вЂњAnti-WokeвЂќ University of Austin

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Code В§ 192, that would be a misdemeanor violation coming with a possible punishment of $100,000 or one year in prison. He will likely have to decide whether or not to prosecute Trump allies for the obvious and ongoing crime of refusing to comply with lawful subpoenas. How that process works out is indeed up to Garland. Meanwhile, select committee Chairman Bennie Thompson, a Democrat from Mississippi, confirmed last week, вЂњWeвЂ™ll do criminal referrals and let that process work out,вЂќ for witnesses who refuse to testify. Republican committee member Adam Kinzinger, for instance, told CNN that his committee will make such referrals if it has to. The select committee in the House is already prepared to push this onto Garland. The deadline for Garland to act could be coming very soon: Patel and Bannon have been ordered to appear on Thursday, and Meadows and Scavino have been ordered to appear the day after. If Scavino and others donвЂ™t reply to the subpoenas, Attorney General Merrick Garland cannot merely let it go and say, вЂњOh, well.вЂќ Instead, he should prosecute any criminal referrals he receives from the select committee against those in contempt of Congress. The Department of Justice must ensure that Congress is able to properly investigate and legislate responses to a violent assault on its members, its police officers, and the very seat of American democracy itself. It seems clear that the Biden DOJ needs to take firmer action here, for the good of the country and for the legitimacy of the rule of law. That means that it will be up to the Biden administration to decide whether or not to criminally prosecute any Trump loyalist who decides to break the law and disobey a congressional subpoena, either by not appearing or by refusing to answer questions within the scope of the inquiry that are not covered by relevant privilege. Something is different this time, though: While the Trump Justice Department would never prosecute a Trump subordinate for violating congressional subpoenas while Trump was in office, Trump is no longer in office. Thanks for signing up! You can manage your newsletter subscriptions at any time. Such a path of hiding from subpoenas or refusing to show up for depositions is clearly a crime, but it never stopped TrumpвЂ™s circle before. Given that the committee literally cannot find Scavino to formally serve him with the subpoena, and TrumpвЂ™s own stated desire to thwart the probe, it seems possible that TrumpвЂ™s coterie will attempt to simply flout the congressional subpoenas outright, as Trump loyalists regularly did during his time in office. Scavino, former White House chief of staff Mark Meadows, former acting Defense Secretary chief of staff Kashyap Patel, and former Trump adviser Stephen Bannon had until Thursday to turn over documents (they probably didnвЂ™t) and until next week to appear before the committee (they probably wonвЂ™t). On Tuesday, CNN reported that Scavino was hiding from a subpoena by the House select committee, perhaps partly because former President Donald Trump told him to. 6 rally, are facing October deadlines to turn information about the insurrection over to Congress and appear for depositions. Former Trump White House aide Dan Scavino is one of a number of former Trump officials and confidantes who, along with the planners of the Jan.

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