Reply to Jack Smith — Special Counsel for Jan 6 and Mar-a-Lago inquiries

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[quote=Anonymous][quote=Anonymous]So perhaps the attorneys on the forum can lend some context…

Several key January 6th-related requests for interviews have gone ignored, as have a number of subpoenas. Since Smith will have subpoena power AND the ability to enforce, would it be reasonable to expect that Pence, Meadows and the many others for whom requests (and perhaps subpoenas) have been issued can be compelled to testify, pronto? [/quote]

1. The J6 Committee has subpoena power but no effective means of d forcing them. A witness has to be held in contempt and the matter referred to the US Attorney in DC for enforcement. These cases are few and far between because they can be strung out for years with appeals. There can be issues of executive privilege arising from separation of powers principles when the witness was an executive branch official. A cingressional committee typically will ask a witness to appear for an interview before issuing a subpoena but there is no sanction for declining an invitation or responding that the witness will not appear for interview for a variety of reasons, including the privilege against self-incrimination and executive privilege.

2. A federal grand jury subpoena for documents or testimony is not something to disregard. A witness can seek to affirmatively quash or limit the scope of the subpoena. If compelled to testify the witness risks being held in contempt by the chief judge and sent to detention until testimony is forthcoming. The court can limit the scope of testimony based on claims of executive privilege, speech-and-debate clause, attorney-client communication privilege, etc. A witness can assert the Fifth Amendment.

3. The Fulton County Special Purpose Grand Jury operates in most ways similar to a federal grand jury with one major exception: it’s duty is one of investigation snd presentment; that is, it does not have the power to issue a true bill of indictment. It generally only issues a report and findings/recommendations. It also has a statutorily limited period to operate, which witnesses like Meadows and Flynn seeking to run out the clock with appeals.

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