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1 1 (November 17, 2022)

handle is hein.crs/govejlz0001 and id is 1 raw text is: S Congressional_______ ~ Research Service Litigating the January 6 Committee's Subpoena to Former President Trump November 17, 2022 On October 21, 2022, the Select Committee to Investigate the January 6th Attack on the United States Capitol (Select Committee) issued a subpoena to former President Donald J. Trump as part of its continuing investigation into the events of January 6, 2020. The subpoena demanded that the former President provide the Select Committee with 19 categories of documents and sworn testimony through a deposition or series of depositions. On November 4, 2022, in an apparent effort at accommodation, the Select Committee requested that the President turn over a subset of the demanded records-including records of calls and text messages made by or on behalf of the President on January 6 through nongovernmental devices-by November 9. As that deadline approached, the former President's legal counsel informed the Select Committee that, though preserving Mr. Trump's legal objections, a voluntary search found no documents responsive to the request. Then, on November 11, the former President filed suit against the Select Committee and its Members in federal district court to block the October 21 subpoena. This Sidebar will briefly address whether the federal judiciary is likely to rule on the substance of the former President's lawsuit. As explained below, both the Supreme Court's existing jurisprudence and recent lower court decisions make clear that the U.S. Constitution's Speech or Debate Clause prohibits courts from entertaining direct challenges to congressional subpoenas filed against Members or committees. Mr. Trump's claim is, therefore, likely barred by the Clause. Ultimately then, this subpoena disagreement may be resolved, if at all, through continued negotiations. Those negotiations need not cease as a result of the former President's lawsuit. Nor does the suit prevent the Committee from attempting to compel Mr. Trump's compliance, including through civil proceedings or a criminal contempt of Congress referral. That said, given both the uncertainty of the Select Committee's future and other factors, these options may have limited value in forcing disclosure in this instance. The Speech or Debate Clause and Lawsuits Seeking to Block a Congressional Subpoena The U.S. Constitution's Speech or Debate Clause (Clause) provides that, for any Speech or Debate in either House, Members of Congress shall not be questioned in any other Place. The purpose of the Clause is to protect the integrity of the legislative process by ensuring that Congress and its Members Congressional Research Service https://crsreports.congress.gov LSB10864 CRS Legal Sidebar Prepared for Members and Committees of Congress

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