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Advisory Opinions

The Jan. 6 Committee Subpoenas Trump

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 18 October 2022

⏱️ 68 minutes

🧾️ Download transcript

Summary

What options does the former president (and his legal team) have in response to the subpoena? Did Judge Ho’s response to critics mollify Sarah’s concerns? And what does Clarence Thomas think about Prince? Plus: how early should you get in line for a chance at attending a Supreme Court hearing?

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the advisory opinions podcast. I'm David French with Sarah Izger and we've got a lot to talk about today.

0:27.0

We're going to talk about the January 6th committee's Trump subpoena. We're going to talk about a Supreme Court oral argument involving Andy Warhol and Prince.

0:37.0

We've got some stuff to say about Supreme Court line sitting. It's a niche topic but one of great interest to that niche.

0:45.0

We've got a speech by Judge Ho from the 5th Circuit about cancel culture and explaining his Yale decision. A bit of a tiny update from Yale.

0:57.0

And then we're going to end with a much sadder topic about pets.

1:03.0

Sad but hopeful, David.

1:05.0

We'll go with that. So let's start. The January 6th committee has voted to subpoena President Trump and when that happened, we very briefly considered an emergency pod. Super, super briefly considered it.

1:25.0

But then I saw a tweet of yours and I thought I think the emergency tweet was suffice, would suffice because this isn't actually super complicated.

1:40.0

And here, let me Sarah read your own tweet to you and ask you to comment upon your own tweet.

1:47.0

Trump's subpoena options. One, ignore and make DOJ's job easy, Alaw Bannon. Two, contest it. But see Scotus and Trump V. Mazar's a massive a case by the way that we had talked about previously.

2:02.0

Three, plead the fifth. Then you can't answer any related questions or give substantive opening statements or four. We'll call this to use Jonas Warrz. The Let's Be Legends option. Testify before the biggest audience he's had in years.

2:17.0

Those were the options I thought, well, that pretty much suffices for an emergency podcast. You want to amplify on any of those thoughts and I've got to follow up questions.

2:29.0

Sure, I mean, I think the culinary dish, Alaw Bannon would be a really fun one to pursue. But yeah, let's just walk through them all. So ignore it. Now, let's be very clear by ignore it. I mean literally ignore it.

2:43.0

Just do nothing, say nothing, ignore it. Why that is separate and meaningful is because if you truly ignore it, Congress comes back into session in December.

2:56.0

They could vote it before the election before the like as in a month from now or six weeks from now, whatever.

3:02.0

I mean before the transfer after the election before the new Congress is sworn in sorry. Yeah, yes.

3:07.0

And so they in order to hold someone in contempt of Congress for ignoring a subpoena, you have to take a vote of the body. You're not held in contempt because you ignore the subpoena or because the committee says you ignored the subpoena, you're held in contempt by the body of the House of Representatives.

3:24.0

So they would take that vote in December at that point they send it to DOJ for prosecution. Now, I mean, honestly, there's actually some very interesting legal questions involved in that and separation of powers and all sorts of things. I mean, in theory, right?

3:42.0

Actually, it should be Congress who then tries you and puts you in Congress jail, basically. And we've run into this problem because if Congress votes to hold someone in contempt and they are, you know, the House is controlled by a different political party than the executive.

4:02.0

Sometimes that person never faces prosecution, for instance, by the Department of Justice and that causes all sorts of attorney general holder in the Obama administration. And that can cause all sorts of hand-rearing but setting that aside because that's not the issue right now.

...

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