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The Lawfare Podcast

What Happens When Congress Investigates Itself?

The Lawfare Podcast

The Lawfare Institute

International Law, Law, Government, Foreign Policy, News, Politics, Rule Of Law, International Relations, Current Events, Military, Constitutional Law, Intelligence, National Security, History, Terrorism, Diplomacy

4.76.4K Ratings

🗓️ 18 January 2022

⏱️ 56 minutes

🧾️ Download transcript

Summary

A crucial component of the story of Jan. 6 involves what members of Congress were doing on that day. What kinds of conversations did Republican lawmakers have with President Trump? To what extent did any members of Congress play a role in engineering the riot itself? These are some of the questions that the House committee on Jan. 6 is investigating—and it’s seeking information directly from members of Congress, including House Minority Leader Kevin McCarthy. So far, McCarthy and the other lawmakers who have received requests from the committee have vowed not to cooperate.

So will the committee subpoena fellow members of the House? What obstacles might it run into if it did? And what does it say that the committee is taking this step? Quinta Jurecic spoke with Mike Stern, a former senior counsel to the House of Representatives, and Lawfare senior editor and Brookings senior fellow Molly Reynolds about the questions of law and norms raised by the latest turns in the Jan. 6 committee’s investigation. 

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Transcript

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0:00.0

The following podcast contains advertising to access an ad-free version of the LawFair

0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:55.7

Much three business adept.

1:02.7

Unlimited calls text and data in UK will be direct vote from eE vote of phone or ot for business

1:09.4

plans, in terms of lie.

1:12.9

But there could potentially be a problem if the committee wants to enforce that subpoena

1:18.2

in court.

1:19.5

of course this has never actually happened, so but if the committee were to try to enforce

1:27.2

either civilly or criminally a subpoena to a member, the argument could be made on behalf

1:34.7

of that member that the enforcement in court, the judiciary, cannot get involved in this

1:41.2

because of the speech debate.

1:43.7

I'm Kintar Duresik and this is the Law Fair Podcast, January 18th, 2022.

1:52.3

A crucial component of the story of January 6 concerns what members of Congress were doing

1:58.1

on that day.

1:59.9

What kinds of conversations did Republican lawmakers have with President Trump?

2:04.7

To what extent did any lawmakers play a role in engineering the riot itself?

2:09.9

These are some of the questions that the House Committee on January 6 is investigating,

2:14.6

and it's seeking information directly from members of Congress, including House Minority

2:19.2

Leader Kevin McCarthy.

...

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