Contempt Charges Should Be Just the Start if FBI and DOJ Officials Defy House Subpoenas

A congressional subpoena is not a polite request. It is not the start of a negotiation. It is compulsory.

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Attorney General Merrick Garland at a news conference at the Justice Department in Washington, D.C., January 27, 2023.

Kevin Lamarque/Reuters

Letโ€™s say the Justice Department hit you with a subpoena, served by a pair of FBI agents, demanding that you produce documents and testimony on a date in the near future. Letโ€™s say that, instead of complying, you responded by sending a letter to the Justice Department that admonished prosecutors that they were being โ€œprematureโ€ in issuing their demand, and proposed instead to โ€œmeetโ€ with them in order to โ€œengageโ€ on whether they really needed the materials outlined in the subpoena. Do you suppose that you would be granted this meeting? Or do you suppose that, the moment your production date came and went with no compliance, those nice FBI agents would be back with handcuffs and an arrest warrant, citing you for contempt and obstruction of an investigation?

Not a hard question. The Justice Department and the FBI are not famously tolerant of defiance.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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