In a nutshell, Meadows was cooperating with the committee and (he claims) sending the committee everything it asked for (except for a few small things.)
Then, over the weekend, Meadows was “blindsided” to learn that the committee subpoenaed Verizon, the carrier for his personal cell phone, for a list of the names and people he spoke to from October until January 31.
He was livid!
He was enraged!
How DARE they?
2/
He immediately stopped cooperating and filed a lawsuit to prevent the committee from getting his personal call records.
You know what this means, right?
Whatever is in those call records is 🔥
He says he doesn't want anyone to see because it's "intensely personal."
3/
Yeah riiiiight. Intensely personal. Sure.
Well, he has a problem.
He can't claim executive privilege because it was his personal phone.
4/
Here's why he said he won't stand on the Fifth Amendment:
Chairman Thompson made a public statement on December 2, 2021 that those who appear before the Select Committee and invoke their Fifth Amendment rights are “part and parcel guilty to what occurred.”
5/
Very interesting, right? He says he can't evoke the Fifth because Thompson said if you evoke the Fifth it means you're guilty???
Yeah, well, duh.
(We can draw inferences from someone's silence in a non-criminal proceeding if they stand on the Fifth.
6/
So what is a desperate former chief-of-staff to do?
🤔
Idea! 💡
Claim that the request violates his Fourth Amendment right to be free from an illegal search.
7/
I have not finished analyzing how good his argument is, but he has until December 15 to get a court order stopping Verizon from complying with the subpoena.
So he's a man in a hurry.
(I would not want to be Mark Meadows right now).
8/
By the way, if anyone wants to say "the select committee is DOING NOTHING WHY IS THIS TAKING SO LONG" read this lawsuit: cdn.cnn.com/cnn/2021/image…
Remember Meadows is one of hundreds (literally) of witnesses they're getting information from.
Most are cooperating.
9/
Or ⤵️ just spitballing here, he was using his phone to coordinate the events of January 6 and try to overturn the election.
Otherwise, he'd show them the records. They don't care who he called—unless he was calling officials or people connected . . .
Now, let's just assume (for the sake of argument -- a purely speculative possibility) that he used his personal phone to call members of Congress.
Right now, he's acting like a man with something to hide.
11/
And he can't hide for long because Congressional subpoenas are governed by one set of laws, but prosecutors can get that stuff via a search warrant by a showing of probable cause. law.cornell.edu/wex/probable_c…
12/
Yeah ⤵️I haven't analyzed the strength of his 4th Amendment argument yet, but I'll say this:
. . . which is what happened with Susan McDougal or
🔹punish the offender and not try to force compliance.
I can think of a few reasons not to try to force compliance. . .
2/
Possible reasons:
🔹The person will just lie and jerk the committee around and waste everyone's time, and getting a conviction for lying is harder than getting a conviction for failing to show up for a deposition.
3/
We have a decision in Trump's appeal of the trial court's refusal to grant him a preliminary injunction to keep the White House records out of the hands of the select committee.
If they say: "The United States was not founded as a democracy," I say, "That's because we had legalized slavery."
Ha! I usually ignore the comment myself because you know exactly who you are dealing with. They're the same people who think the IRS and the SEC are unconstitutional.
But people feel better when they know how to answer.