Faced with all-out resistance from the White House, Democrats are turning to the courts as they grapple with a dilemma of limited options to enforce their subpoenas.
«We need to take this to the courts,» Rep. Ro Khanna, a Democratic member of the House Oversight Committee, told CNN. «Congress’ power is at its peak when there are credible allegations of executive misconduct, such as in these cases. I have no doubt we will prevail in court.»
Khanna added: «The problem is this is a cynical strategy by the Trump administration to delay any investigation and attempt to run out the clock before 2020.»
Democrats are still holding out hope that their subpoenas — and contempt proceedings — will help them obtain information in the numerous investigations underway into the President’s finances, possible obstruction of justice and other matters in the Trump administration. They also say that former officials don’t have to follow the White House’s demands not to testify. And they’ve targeted private financial institutions like Deutsche Bank and President Donald Trump’s accounting firm Mazars USA, where they could have more success obtaining documents than from the administration.
But lawmakers and legal experts say that Democrats’ best chance of success lies with the judicial branch, although it will take time to win in court.
«The real issue with potential litigation over congressional subpoenas isn’t the substance, but the timing,» said Steve Vladeck, CNN legal analyst and professor at the University of Texas School of Law. «Even if the courts ultimately side with Congress in all, or even many, of these disputes, it could take a while — and with Congress getting nothing in the interim.»
The dispute between the White House and congressional Democrats has been building for months, but it spilled into the open this week as the Trump administration is openly staring down congressional subpoenas and encouraging former and current aides not to comply, no matter the cost. This week alone, the White House stonewalled Democrats on a host of issues:
The White House insisted former White House official Carl Kline — who oversaw the White House security clearance process — not comply with a subpoena for a deposition with the House Oversight Committee. The White House has pledged to fight a House Judiciary Committee subpoena of former White House lawyer Don McGahn, who was subpoenaed to testify next month.Trump and his businesses filed suit to stop his accounting firm Mazars USA from complying with a subpoena from the House Oversight Committee to turn over financial disclosure information about the President’s business entities. The Justice Department said Wednesday that John Gore, the Principal Deputy Assistant Attorney general of the Justice Department would not comply with a Thursday deposition related to how a question about citizenship ended up on the census.
Asked about the subpoenas Wednesday, Trump said the resistance would continue across the board.
«We’re fighting all the subpoenas,» Trump declared, arguing that Democrats’ oversight is entirely politically motivated.
In order to enforce a subpoena of executive branch officials, House Democrats can hold individuals in contempt, a process that Cummings has threatened to do with Kline. But that could be the first step in a legal battle that could span months or even years.
«The only way we’re going to get Mr.
