Thread by @lauferlaw

So it appears that the @January6thCmte subpoenas for records have not been complied with. The production of these documents are necessary for the committee to both conduct and enhance their ability to question witnesses under oath. Without them, it /1

it will be much more difficult to conduct questioning since these key documents weren’t produced. Bannon and Patel have be subpoenaed to appear tmr while Meadows and Scavino are to appear on Thursday. The committee claims they’re engaged w Patel & Meadows. Usually that means 2/

the parties are negotiating what documents are subject to the subpoena & when they will testify. In the present instance, I believe this type of negotiation to be a mistake. The Committee should demand production of what they deem necessary to conduct their investigation 3/

as well as production of these witnesses. These types of back and forth do occur in litigation. However, if this was a grand jury subpoena, there’s really no negation. You appear, answers questions, and bring whatever you’ve been commanded to produce. I don’t believe the 4/

committee should negotiate with these parties given the gravity of why they’re being called and the purpose of the committee. It’s investigating a planned insurrection by the former POTUS & his supporters, some of which are their fellow Members of Congress. I equate the 5/

committees power of subpoena to that of a Grand Jury. The reason being is that both are fact finding bodies which review documents and hear testimony. What is gathered is called evidence. A grand jury then votes to indict while the committee can make criminal referrals. 6/

Also similar to the committee is the power to punish/incarcerate a recalcitrant witness who does not comply with a subpoena until such compliance is achieved. You may recall @xychelsea refusal to testify before Assange’s grand jury. She was imprisoned until it disbanded. 7/

The same should hold true for the witnesses before the committee. They should be compelled to appear or face imprisonment until they do so. The @January6thCmte is in the drivers seat. They have the power to compel appearance before it. They need to exercise that power 8/

given what’s at stake. They have one shot at this. If they rely upon DOJ to carry their “constitutional water” to charge, DOJ is not obligated to, the witnesses can delay the process until the next Congress is seated. If control of the House flips, the GOP can disband the 9/

committee, if that hasn’t been done by then, and rescind any/all subpoenas. The committee has the leverage. Merely bc it may be difficult logistically to incarcerate these defiant malcontents, doesn’t mean it shouldn’t be done. Find a way. The survival of our Republic is at /10

stake. Harsh letters and rhetoric will not compel these recalcitrant defiers of the rule of law. Bannon lives for the destruction of the administrative state. By failing to enforce his subpoena, you’re fulfilling his dream & demonstrating that defiance will go unaddressed./11

This will encourage others to do the same and further undermine the rule of law in our nation. Please use your powers to hold these individuals in contempt. Incarcerate /12

them until they comply with your lawfully issued subpoenas. @RepAdamSchiff @RepRaskin @RepSwalwell @RepLizCheney @AdamKinzinger @BennieGThompson