Thread by @gabrielmalor

Quick backgrounder on what the House or Senate can do to enforce a subpoena. 1/x

https://twitter.com/rickklein/status/1184186650664022016

First, what they could do, but won't, is hold congressional contempt proceedings. These are quasi-judicial hearings in which congressfolk act as the judge, jury, and prosecutor. 2/x

This is the "historical" or "inherent contempt" power, but it hasn't been used since 1934 bc it's too time-consuming.

So if you see someone going on about how the Sergeant at Arms could arrest Giuliani, eh. Lawful, but unlikely. 3/x

More likely, either chamber would certify a contempt citation and deliver it to the U.S. Attorney for the District of Columbia. This is criminal contempt. It uses the familiar judicial process.

It requires the USAO to go along, however, and present the case to a grand jury. 4/x

In such a criminal contempt process, the subject of the citation will have the opportunity to raise defenses or outright challenge the validity of the contempt citation.

Individuals punished by criminal contempt may seek a presidential pardon. 5/x

The Senate has another option. It (but not the House) can seek a civil contempt order from the U.S. District Court for the District of Columbia. Defiance of this order would be contempt of court, rather than contempt of Congress. 6/x

Wrinkle: The Senate's civil contempt option may not be employed against federal employees acting in their official capacities. So maybe you can get to Giuliani, or, well, this is a wrinkle. And let's just leave it as an unlikely option given GOP control in the Senate. 7/x

Finally, there's a way to do this that doesn't go through congressional or judicial contempt: a good old fashioned declaratory lawsuit.

Either chamber can file a civil suit for declaratory and injunctive relief after it has issued a subpoena that has been ignored. 8/8