Below is my column in The Hill on issuance of a subpoena for former President Donald J. Trump by the January 6th Select Committee. It brought together two obsessions: the Bears and the law. The final scheduled play in both the Bears game and the Committee hearings had one striking similarity. In both cases, the throw was solid but it came too late and the reception was much in doubt.
Here is the column:
Two events consumed Washington on Thursday. The hapless Commanders won a game against the Chicago Bears — and the House Select Committee on Jan. 6 issued a subpoena to former President Trump.
The attempted touchdown pass and the subpoena share one obvious feature: No matter how exciting the play, they came too late. The Bears threw what appeared to be a touchdown pass in the final seconds … only to lose due to a fall out of the endzone. The House Committee issued a subpoena after its last scheduled hearing and shortly before its likely cessation as a committee.
Yet, even for the long-suffering Bears fans, we knew when the game was over. The House committee and its supporters seemed unaware or unconcerned that its play came too late. Instead, they insisted that issuing a subpoena more than a year too late was all logical and strategic.
It is unclear if Trump will contest the subpoena, but he has contested virtually every previous subpoena in civil and criminal cases. The committee has, in my view, a solid case to compel him to testify. However, it had that case back at its creation on July 1, 2021; it simply waited until a subpoena may be impossible to enforce.
In football, they would be flagged for an “intentional grounding” for throwing a ball where there was no viable receiver or “a realistic chance of completion.”
Two points were immediately emphasized by the committee and its supporters in the media.
First, some of the coverage highlighted that this was “unanimous” without recognizing the irony of that distinction. House Democrats barred two Republican members originally selected by GOP leaders, who then boycotted the panel in response. There is no indication the committee, hand-picked by Speaker Nancy Pelosi (D-Calif.), has ever had anything but unanimous votes. The only thing its members can cite for not being yes-men is that when there were demands for greater balance in witnesses or questioning, they all said “no.”
The second point is even more telling: The committee has precedent for former presidents being subpoenaed, such as Harry Truman — but that example is hardly helpful. Truman was subpoenaed by one of the most notorious panels in the history of Congress, the House Un-American Activities Committee, which was ridiculed for its lack of balance and due process.
While called “historic,” former presidents have been subpoenaed before, though it remains exceptionally rare. It is even more rare for them to testify. Truman never did; when Congress subpoenaed former presidents John Tyler and John Quincy Adams over the alleged misuse of funds, Tyler appeared but Adams submitted a deposition. Others, such as Bill Clinton, were subpoenaed to appear in civil cases or subpoenaed for documents, such as Richard Nixon.
The Jan. 6 committee had a noble mandate but failed to use it to offer a credible investigation for citizens across the political spectrum. From the first to the final hearing, it presented a one-sided narrative in a tightly scripted, packaged production. No defense or alternative explanations for key events or statements were allowed; witnesses were largely asked specific questions to get them to repeat what they said in previously recorded interviews, as members read from a teleprompter.
The committee could have been so much more. It could have followed the type of balanced inquiry that pursued allegations tied to the Pearl Harbor attack or Watergate. Even without Republican-appointed members, it could have insisted on balanced hearings with witnesses and dissenting views.
Nevertheless, the committee revealed important, often disturbing details. It was important for Americans to hear from figures like former attorney general Bill Barr and White House lawyers who struggled to counter unfounded advice given to Trump by outside lawyers on challenging the 2020 election. There were painful scenes of Capitol police overwhelmed at barricades and members of Congress hunkered down in offices.
Yet, the focus on a single approved narrative gave the hearings the feel of an infomercial selling a product that most of us bought two years earlier.
Subpoenaing Trump on the final scheduled hearing only reaffirmed how the committee was driven by political rather than investigative priorities. Indeed, the timing was embarrassingly transparent. While Trump could appear without a challenge or the Democrats could retain the House, few experts are predicting either outcome.
For more than a year, the committee said its investigation was focused on Trump’s intent and actions. Chairman Bennie Thompson (D-Miss.) explained that the subpoena was essential because “he must be accountable. He is required to answer for his actions on Jan. 6. So we want to hear from him.” Why, then, wait until the last hearing, especially if the House may flip to GOP control in a matter of weeks?
It seemed another case of planned obsolescence by the House leadership. In the first Trump impeachment, Speaker Pelosi imposed an arbitrary deadline for impeachment by Christmas. That deadline was then used as an excuse to hold only one hearing on the legal standard with only one Republican witness. (I was that sole witness.) This was reportedly ordered over the objections of House Judiciary Chairman Jerry Nadler (D-N.Y.) who raised the abandonment of both due process and precedent. Pelosi then delayed transmitting the impeachment articles to the Senate — destroying her own rationalization for the lack of hearings.
In the second Trump impeachment, Pelosi went one better: She ordered a “snap impeachment” that dispensed entirely with hearings and witnesses.
If Trump declines to appear before the committee on constitutional grounds, the House would likely run out of time for any challenge. Thus, the only way to enforce this subpoena in time would be a “snap contempt” vote that does not wait for negotiation or judicial review.
Attorney General Merrick Garland also would have to move at a record pace to prosecute Trump before Republicans can retake the House and rescind a contempt sanction. Garland could argue that he should be allowed to prosecute Trump based on the original vote, but the House is the putative victim in the case — and we could have the victim claiming not to be a victim as the Justice Department prosecutes its victimization.
That brings us back to what the House can learn from the Chicago Bears. This was only the latest game lost in the final seconds due to bungled plays. However, we do recognize when the game ends.
Not so with the House team. If the committee truly wanted to compel Trump’s testimony, it should have subpoenaed him in 2021. Yet liberals celebrated the committee’s belated move as a “bombshell ending” instead of asking why it had not been a bombshell beginning.
As Bears fans, we are often chided for being delusional in our hope for each new season — a blind faith that reaches almost pathological levels with each successive Cubs season. But we cannot hold a candle to fans of the Jan. 6 committee, who just wildly applauded a Hail Mary pass to an effectively empty field after the last hearing and before the team is likely to be disbanded. And those fans remain cheering a legal throw after the last hearing and just before the team is likely to be disbanded by new management.
Now that’s a fan base.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley.
Jonathan basically called All You Trump derangement syndrome victims low IQ lemmings who believe everything on faith not facts.
Like a delusional Chicago Cubs fan
#1) Why don’t you tell the truth Turley, they do not have a compelling case to Subpoena anyone, because the Committee is NOT VALID, you can not form a Select Committee unless the Republicans also participate, the Dens can not chose 2 Republicans and call a select committee. that’s in the House Rules, so its BS and you knw it.
January 6 was a False Flag. There’s 1000s of hours of footage from everyone who was there. Planned attacked by DC criminals.
they do not have a compelling case to Subpoena anyone, because the Committee is NOT VALID
I like your vigor. But lets keep things factual. Go back to the Constitution. Congress has wide sweeping power to conduct oversight. The Judiciary has been loathe to step into the middle of political squabbles. All hearings in the house are at the pleasure of the majority. The Majority makes the rules to follow while conducting the hearings. If the Majority wants a committee populated with 100% picks made by the Majority. That will happen.
The check on the conduct of the majority, is the people. The people, through their votes, control the politicians. In this case, the Democrat voters, being Democrats and all, demand “by any means available”. Democrat voters are NOT educated in rule of law, due process, evidence.
Democrat voters, being Democrats and what not, are in untrammeled pursuit of power. But being uneducated, because Democrats, they don’t understand…power corrupts, absolute power, corrupts absolutely.
Congress has oversight responsibility for the executive – not the world.
The house is free to make its own rules – but it is supposed to follow them.
The Media & Democrats announced the verdict even before the FAKE Jan 6th committee was formed, just as they have the last 7 years when it comes to President Trump. The people of this country are Repulsed & Sick of the Media & Democrats.
7% of people who believe Jan6th is a important issue.
https://harvardharrispoll.com/wp-content/uploads/2022/10/HHP_Oct2022_KeyResults.pdf
“The Mike Nifong Syndrome”
Absolute power goes to heads of those communists (liberals, progressives, socialists, democrats, RINOs) who are absolutely corrupt; they preposterously deem themselves omnipotent dictators slashing wildly throughout America wielding the corrupted sword of law.
Where in the —- are the judicial branch and Supreme Court which hold the power of Judicial Review; they don’t require that a case be brought.
Malicious prosecution and soft coups are illicit, illegal and unconstitutional.
Mainstream and social media being complicit in election corruption, election fraud and vote tampering BY OMISSION is illicit, illegal and unconstitutional.
The sword of Judicial Review must be sharpened and wielded violently – impeachment and prosecution must invariably support and follow Judicial Review.
Chief Justice Taney’s review* of Lincoln was not supported by the appropriate and required litigation – government had been completely corrupted by Lincoln.
The entire communist American welfare state is unconstitutional.
The Constitution and Bill of Rights ARE conservative.
Communists (liberals, progressives, socialists, democrats, RINOs) are the direct and mortal enemies of the Constitution, America and Americans.
____________________________________________________________________________________________________________________
* JUDICIAL REVIEW
“The clause in the Constitution which authorizes the suspension of the privilege of the writ of habeas corpus is in the ninth section of the first article. This article is devoted to the Legislative Department of the United States, and has not the slightest reference to the Executive Department.”
“I can see no ground whatever for supposing that the President in any emergency or in any state of things can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen except in aid of the judicial power.”
“I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome.”
– Chief Justice Roger B. Taney, May 28, 1861
I agree with a prior commenter whose analogy was a failed Hail Mary pass with the opposing team sidelined from defending against it. Pelosi’s snowflakes threw a “Hell with America” pass.
Who can forget the riots, bloody Trump head waived about, and advocates who wanted the White House blown up when Trump was elected…or the chaos that gripped the Capitol and Supreme court with every Trump Supreme Court nominee?
Washington, D.C. had every pharmacy and other establishments boarded up from downtown to the Maryland border prior to the 2020 election in anticipation of the riots if Trump succeeded in occupying the White House for a 2nd term.
The Jan. 6th Committee was a farce. Thousands of hours of CCTV and other photographic evidence exonerating defendants was not allowed. Those caught on tape exhorting violence or riots, those who actually were recorded advocating that the Capitol be set ablaze, and the obvious government operatives (& possible mercenaries) were never called to answer for their deliberate undermining of a peaceful protest against obvious hockey stick like 2020 election results from documented improper election rule changes, fraudulent ballots, election site misconduct, and voting machine firewall issues or rigged tabulation/manipulation.
The Jan. 6th Committee’s charges were political rhetoric and not based on fact.
Hopefully the next Congressional session will get to the bottom of the documented 2020 election fraud, foreign and domestic operatives fomenting violence at the Capitol on Jan. 6th, and run up the score on the cheating Democratic party.
Cheaters never win they say and I think the Democratic party is about to suffer record losses in reputation and representation because of the way they rigged and cheated in elections and in executing their duty to the American people.
Na, Na, Na, Na, Hey Hey aye, Goodbye!
News to me that Jonathan Turley announces that he is a Republican.
Nothing has undermined the Jan. 6 political action committee more than the unnatural disaster that was planted in the White House on Jan. 20th, 2021. This was always going to be about making people feel it was important for the future of this country to keep Trump from a 2nd term in the White House. And after 21 months, a large majority of Americans it’s Biden they don’t want for a 2nd term or Democrats in control of the House and maybe the Senate.
Look at what those Biden/Dim/Rinos are hitting us with intending to destroy us, this nation & the world.
Multiple Bio-Chem weapons, CV 19 & it’s mRNA so called vaxx, & they’ve 1000’s more like the re-release of Polio now from Bill Gates….
World-wide Nuke War.
Did anyone see China see releasing the video of their experiment of an Artificial Sun last week. They didn’t know for sure if it would blow up the planet. “They said, hell lets try it anyway.
The US has their directed Weather Weapons that they’ve been using to allow some people/groups rain or Drought, Hot/Cold Weather. Winners & Losers, they’re trying to play God.
And among other stuff the insiders running Govts, they’ve Medical, Fiscal & Monetary Polices they slam around like a 16 yr old with a 65 mustang’s stick shift with us in it.
Whiskey Bottles, Brand New Cars, Oak Trees Don’t Get in these Idiots Running This Govt’s Why.
Little typo correction for our Govt attn as to their current behavior:
Asa UK citizen I find the J6 Commitee a Stalinist farce and a PHONY.
Everything about US politics and media is phony.
Trump was the only honest pol around.
While Pelosi is clearly partisan and never wanted any ‘fair’ hearings, naysayers have to give her a hat tip at her fundraising prowess. That’s what all of this was about.
The way I see it Professor Turley…..the Home Team threw that Hail Mary Pass despite the Visitors never having been allowed to take to the field at all.
Even then, the bumbling Idiots could not complete the Pass.
Of course we have to consider the reason they waited was so President Trump shall never have an opportunity to testify….something they better pray does not happen before a Committee organized in exactly the same fashion as the one done by the Democrats….then Trump will be free to say whatever he wishes without any fear of contradiction or challenge.
Now that would seem like a very fair deal to me.
Gavel the Committee into Session and hand Trump the Gavel……and see how it turns out!
Even the Bears could score with a set up like that….unlike the Democrats who have failed at every turn in their effort to scuttle Trump.
Trump should tell the committee yes he will come on two conditions . First Nancy Pelosi must be put under oath and second Chris Wray must also be put under oath and be ask how many agents were working the Jan 6th crowd .
Here is the problem Mr. Turley. If the Chicago Bears had thrown a Hail Mary the first play of the game, it would have been intercepted and the other team would have had too large of a lead at the end so there would be no thriller ending since the game would have been lost much earlier.
Ditto for the Dems, with all due respect. I think you underestimate the rage of ordinary Americans had Trump been compelled to sit on TV and endure the one sided attacks and inability to talk about anything but the outrageous accusations based on twisted interpretations of deceptively edited “evidence”
America sees through all of this. Dems KNOW it. That’s why they did not dare subpoena Trump in 2021. They investigate BEFORE evidence, not after as we used to in USA
They announced the verdict even before the committee was formed, they allowed no Republicans on the committee (unless you think that Cheney or Kinzinger are Republicans), they allowed no defense witnesses, they allowed no rebuttal evidence, they repeatedly leaked to the media, and they still haven’t named the specific “crime” charged against Trump. This was a dog-and-pony show from the get-go.
And Democrats wonder why they’re about to lose power. Nothing to wonder about, as far as I’m concerned.
I can proudly say that I never watched one second of the kangaroo court.
Jonathan Turkey seems blind to the massive fraud of the last election. Also he needs to read Witness by Whittaker Chambers to understand the massive Stalinist infiltration of the FDR government.
Nothing but pure political theatre for the sole purpose of trashing a figure that has highlighted, so effectively, the defects of the prog/left movement. A desperation move that just amplifies the sick smell of deperation on their part. The fact that two RINOS were included illustrates just what RINOS are made of.
Pearl Harbor and Watergate investigations were farcical.
The committee has called Trump to testify knowing full well that it will never happen before they finally put this poor horse to rest. They just couldn’t resist one more twist of the knife. They lit the flames for the burning but regardless of the flame out they called a witness before the inquisition that they know would never appear. The inquisition has finally come to a slow and whimpering death with one last putrid breath.
Nobody cares. January 6 was a political protest over a disputed election fraught with fraud. The “insurrection” narrative cratered long ago. The public sees this toothless partisan committee as just another political stunt against the most powerful political opponent the democrats face.
“(CNN) — Former President Donald Trump on Friday does not say whether he will comply with the subpoena by the House select committee . . .”
(https://www.cnn.com/2022/10/14/politics/trump-statement-january-6-committee-subpoena)
Why is CNN reporting this? Trump hasn’t been arrested.
No this time it’s different. This time they’re going to get him. Just you wait and see.
“Just you wait and see.”
Right. Because there’s (yet another) “bombshell” revelation.
Why hasn’t CNN been arrested, after all they are one the Anti-American Propaganda outfits being Paid for their disinfo crap.
BTW among other things the set if Biden Impeachment papers are drawn up. I’ll post them when they come up.
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I hope they Enjoy next so called Vax! lol;)
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BREAKING: Congress Circulating Articles of Impeachment Against Biden to Prevent Nuclear War Against Russia
Infowars.com
October 17th 2022, 1:44 pm
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Read & share the following Bill of Impeachment that is now in circulation on Capitol Hill:
117th Congress H.Res. XX
1st Session
Impeaching Joseph Robinette Biden Jr., President of the United States
for high crimes and misdemeanors.
IN THE HOUSE OF REPRESENTATIVES
July 28,2022
Mr./Ms. Y submitted the following resolution, which was referred to the Committee on Judiciary.
A RESOLUTION
Impeaching Joseph Robinette Biden Jr., President of the United States, for high crimes and misdemeanors.
Resolved. That Joseph Robinette Biden Jr., President of the United States, be impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the Senate:
Articles of Impeachment exhibited by the House of Representatives of the United States of America, against Joseph Robinette Biden Jr., President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.
ARTICLE I
In the conduct of the office of President of the United States, Joseph Robinette Biden Jr. in violation of his constitutional oath faithfully to execute the office of the President of the United States, and to the best of his ability, preserve, protect and defend the Constitution of the United States, and in violation of his constitutional duty, to take care that the laws be faithfully executed, has engaged in a campaign of non-neutral acts and belligerent acts and acts of war against the Russian Federation without the express authorization of the United States Congress in violation of the War Powers Clause of the United States Constitution set forth in Article 1, Section 8 thereof and in violation of Congress’s own War Powers Resolution of 1973 set forth in 50 U.S.C. Sections 1541 to 1548. In all of this Joseph Robinette Biden Jr. has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore Joseph Robinette Biden Jr., by such conduct, warrants impeachment and trial, and removal from office.
ARTICLE II
More…………
https://www.infowars.com/posts/breaking-congress-circulating-articles-of-impeachment-against-biden-to-prevent-nuclear-war-against-russia/
I suggest that, in the spirit of bipartisanship, former President Trump should agree to testify before the committee. His only act at that time should be to sit down, show the committee the subpoena, and then crumple said document: reminiscent of Speaker of the House Pelosi’s actions during his State of the Union speech.