DragonI

Why is Matthew Whitaker panic-stricken about testifying before Congress?

www.washingtonpost.com|https://www.facebook.com/JenniferRubinBlogger

The Post reports:

Acting Attorney General Matthew G. Whitaker said he will not appear before Congress on Friday without assurances that he won’t be subpoenaed — giving Democrats a deadline of 6 p.m. Thursday to respond.

Whitaker’s move came shortly after the House Judiciary Committee voted along party lines to give its chairman the authority to subpoena Whitaker’s testimony, should he not appear or answer lawmakers’ questions.

Whitaker’s stunt comes after months of delay and refusal to testify voluntarily, a bit of chutzpah that did not go unremarked upon by Democrats (“the panel had sent Whitaker many letters and requests to settle points of his testimony in advance, to which he had chosen not to respond”). No doubt, when Whitaker shows up on Friday he’ll invoke executive privilege (improperly, since that is not a privilege that holds up against Congress), necessitating the committee then to issue a subpoena and attempt to compel his testimony.

The real issue here is Whitaker’s fear of appearing and being forced to answer questions under threat of congressional contempt, which could occur if he is under subpoena…

“This is outrageous,” said constitutional scholar Larry Tribe. “Whitaker seems to think he is entitled to dictate the terms on which he is invited to testify. He is not. It is anti-constitutional for a member of the Article II branch, not to mention an unconfirmed acting officer whose initial appointment was of dubious legality, to insist that he will not appear to give testimony properly sought by the Article I branch, acting through a duly constituted committee of the U.S. House of Representatives, unless that Article I committee first sacrifice one of its statutory and constitutional prerogatives.”

Michael Cohen's lawyer says he will comply with subpoena to testify

www.politico.com

Former Trump attorney Michael Cohen will comply with a subpoena from the Senate Intelligence Committee to testify before that panel, Cohen’s lawyer Lanny Davis said Thursday.

“Of course he will honor the subpoena,” Davis said on MSNBC when asked if Cohen would testify. “But what he will do as a result of the subpoena is a legal issue that would come down to reasonable discussions.”

The Senate Intelligence Committee declined comment about a the subpoena, though several media outlets reported Thursday that the panel is seeking the former Trump fixer’s closed-door testimony in mid-February before he begins serving a three-year federal prison sentence.

Cohen, whose relationship with President Donald Trump dates back a dozen years, was scheduled to testify before the House Oversight Committee on Feb. 7 until he delayed his appearance indefinitely Wednesday because of “ongoing threats against his family.” Davis, in a statement on Wednesday, accused Trump and Rudy Giuliani, the president’s personal attorney, of making public comments in interviews and on social media that fueled the threats against Cohen.