Mr. Speaker, there is so much to cover here from my friends on the other side of the aisle. First, I address something that my colleague from Wisconsin said when he said that the Constitution lays out very clearly in Article I the powers…
Mr. Speaker, there is so much to cover here from my friends on the other side of the aisle.
First, I address something that my colleague from Wisconsin said when he said that the Constitution lays out very clearly in Article I the powers of Congress. I would ask him or any of my colleagues on the other side if you could point me to where in the Constitution it confers subpoena power on Congress. You won't be able to because it is something established by the Supreme Court that is derivative from Congress' power to legislate.
The Supreme Court has set forth exactly what a congressional subpoena is authorized to do. In a recent case, which you may remember, the Trump v. Mazars case, Donald Trump sued his accountant to prevent them from providing documents to Congress pursuant to a subpoena. Congressional authority, that is what we are worried about here.
Well, the Supreme Court reiterated that there must be a legitimate legislative purpose in order for a congressional subpoena to be valid.
Mr. Speaker, I asked in our Oversight Committee when we debated this: What is the legitimate legislative purpose that any one of my colleagues on the other side of the aisle can identify to justify a contempt finding here where they have the substantive information of the recording included in the transcript and everything else requested in that subpoena was provided to them? Nonetheless, they are insisting on getting the audio of that transcript that they have.
Mr. Speaker, not surprisingly, in the Oversight Committee, which has no jurisdiction over this anyway, they offered nothing. I did hear in the Judiciary Committee my friend from North Carolina, who is here, refer in a subsequent hearing to demeanor evidence as a legitimate purpose for this subpoena.
Mr. Speaker, demeanor evidence sounds like sophisticated legal speak that is very esoteric and only for trial lawyers, but really it is completely irrelevant to Congress' legislative role because we don't try cases. There is no trial here. There is no demeanor evidence. As much as you may want to prosecute Joe Biden, there is no congressional prosecution of Joe Biden, and his demeanor evidence is no legitimate basis for this subpoena.
Mr. Speaker, you of course know, and I don't even think you would argue, that there is a legitimate legislative purpose to use the audio recordings in a political ad to support your dear leader, Mr. Trump, so that clearly falls outside of the range.
Of course, my friends on the other side of the aisle should refocus from demeanor evidence to basic concepts, like due process or executive privilege, because the President of the United States asserted executive privilege over this audiotape. You may not like it. You may not agree with it, but you have no authority to determine that that is not a correct assertion of the executive privilege.
Do you know who else doesn't have authority to determine that? The Attorney General, who you are trying to hold in contempt. Due process.
You are going to fine someone $10,000 without notice or an opportunity to be heard? You are going to say: We are going to fine you, and you have no opportunity to make a defense, and there is no neutral adjudicator?
You can go to court all you want, and that is where you went, and that is where you belong. That is why this resolution is so bogus. I have a warning for you, my friends: You will reap what you sow.
In June of 2019, then-President Donald Trump said he would defy all congressional subpoenas. That is exactly what he did. During the first impeachment investigation, every single executive branch agency defied a lawful subpoena from Congress.
The State Department was subpoenaed. The Defense Department was subpoenaed. Not a single document was received.
Mr. Speaker, I look forward to whoever one day is the Republican Secretary of State or Secretary of Defense to be held in inherent contempt and fined $10,000.
There were more than a dozen witnesses who refused to comply with the subpoena, and I am not even talking about the five House Republicans who defied subpoenas in the last Congress that were determined by a court to be lawful and who would also be subject to inherent contempt because, of course, if this case where the audiotape is not provided, then blowing off a subpoena is definitely contempt.
You ought to be careful about the precedent you are setting because it is going to hurt you and your dear leader far more than us.
Mr. Speaker, I thank the ranking member for yielding. I am sorry for this body that you have had to endure such hypocritical conduct in silencing you. Luckily, I am not silenced, and I am happy to respond to some of the bogus and egregious allegations from my colleagues on the other side of the aisle.
First, my friend from Georgia expounded upon the weaponization of the Department of Justice by President Biden. It was interesting to me that she mentioned that the Department of Justice is apparently, under Joe Biden's direction, persecuting Catholics. Joe Biden is Catholic, so that is an interesting weaponization of the Department of Justice.
You would think that if someone were going to weaponize the Department of Justice for political purposes that he would intervene or interfere in a prosecution of his own son, but, no, he didn't do that. In fact, the only people who intervened and interfered in that investigation were my colleagues on the other side of the aisle, who inappropriately and improperly intervened in an ongoing Federal criminal case by urging a judge to reject the plea agreement in the Hunter Biden case.
Now, they say we are here because congressional power must be protected. Apparently, congressional power is meaningless if it is used against their buddies, Steve Bannon and Peter Navarro, who completely blew off a congressional subpoena and had no basis, no rationale, no defense for not showing up. They are in jail not because of inherent contempt. They are in jail because they were convicted of a crime, because they blew it off.
Now, you can say what you want about the January 6th Committee. You can say it was unlawful. Federal judges determined it to be lawful.
If your excuse as to why you did not comply is that you did not receive service of the subpoena, it is laughable.
Finally, I would like just to point out that the basis they have mentioned about why they need this recording, one of my colleagues said, was to determine whether President Biden was able to answer questions before him and why the special counsel did not pursue charges. It is not a legitimate legislative purpose for Congress to second-guess Federal prosecutorial discretion. You may want it, but you have no legitimate reason for it.
If your argument is that executive privilege is waived, maybe it is, but you don't get to decide that. A court decides it.
Mr. Speaker, this is a political stunt solely designed to placate and support Donald Trump, their nominee for President. They are making sure that they do everything possible to provide him with fodder for his campaign because there is no basis for any contempt, much less inherent contempt, and it is shameful that you have stood here trying to call
upon congressional power and separation of powers when you refuse to do so for any Republican, including your own colleagues who defy subpoenas right, left, and center. Be careful because what goes around comes around.