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1 1 (October 20, 2021)

handle is hein.crs/goveeri0001 and id is 1 raw text is: Congressional ______ *aResearch Service Resolving Subpoena Disputes in the January 6 Investigation Updated October 20, 2021 The inquiry conducted by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Select Committee) has recently garnered headlines not only for the Committee's extensive efforts to obtain information from a variety of public and private sources, but because at least one subpoenaed individual has not complied with the Select Committee's demands. On October 19, 2021, the Select Committee approved a report recommending that the House find Stephen Bannon in criminal contempt of Congress for refusing to comply with a subpoena for testimony and records. The House Committee on Rules is scheduled to consider a contempt resolution on October 20, 2021, and the House is reportedly planning to take up the resolution on October 21, 2021. Because Bannon may not be the only party to decline to answer all of the Select Committee's demands, this Sidebar addresses how, as a legal and legislative matter, disputes over the Select Committee's authority to access relevant information could unfold. Various parties may raise different arguments for withholding information from the Select Committee, ranging from claims that withholding information from the Committee is necessary to protect the former President's interest in executive privilege, to claims that the Committee's request infringes on individual constitutional rights such as the Fourth or Fifth Amendment, to claims that the subpoenas exceed the Committee's jurisdiction and authority. On Monday, October 18, former President Trump filed suit challenging the validity of certain Select Committee demands for information as constitutionally invalid and unenforceable. This Sidebar does not address the substantive merits of such arguments, though other CRS products explore how arguments against the validity of congressional subpoenas have typically been addressed by the courts. Background The Select Committee has a broad mandate. It is charged with investigating and reporting on the facts, circumstances, and causes relating to the domestic terrorist attack on the Capitol. The scope of inquiry explicitly includes a review of influencing factors that contributed to the attack, as well as the role played by technology, including online platforms in the motivation, organization, and execution of the attack. In its final report, the Select Committee is to recommend corrective measures to prevent future acts of domestic terrorism and to improve the security posture of the United States Capitol. The Select Committee has, therefore, cast a wide net in search of relevant information by issuing Congressional Research Service https://crsreports.congress.gov LSB10649 CRS Legal Sidebar Prepared for Members and Committees of Congress

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