Oversight, Out of Mind

Congressional lawmakers, with no ability to hold hearings or entertain witnesses, have largely been forced to abdicate their responsibility to provide oversight of the Trump administration.

CONGRESS HAS BEEN sidelined for weeks by the ongoing coronavirus pandemic, forcing a body steeped in tradition to quickly adapt to legislating from afar in order to pass much-needed relief for devastated businesses and families. But even as lawmakers shift to a more remote lifestyle, conventional congressional oversight has largely been on hold without in-person hearings and witness testimony.
Nearly $3 trillion in spending for virus relief, reports of mass shortages of protective equipment for medical workers and a spate of what appear to be politically motivated firings that would ordinarily prompt a succession of witness and document requests have been met with a much slower response in the nearly six weeks that Congress has been on an extended recess.

Most committees have paused holding hearings to comply with social distancing guidance, and the current rules don’t allow proceedings to be conducted virtually since lawmakers must be physically present. Now, members are moving quickly to ramp up their oversight efforts and looking to resume publicly questioning officials – and issuing subpoenas if they don’t comply. Continue reading.

3 House committees subpoena Pentagon and Office of Management and Budget

Axios logoThe House Intelligence, Foreign Affairs and Oversight committees on Monday subpoenaed the Department of Defense and the White House Office of Management and Budget for documents related to President Trump’s efforts to push Ukraine to investigate Joe Biden.

The big picture: The impeachment committees are probing whether Trump froze U.S. military aid to Ukraine in order to pressure its government to investigate Biden and his son over unsubstantiated corruption allegations. The subpoena compels the two agencies to turn over documents by Oct. 15.

“According to multiple press reports, at some point in July 2019, President Trump ordered Acting OMB Chief Mick Mulvaney to freeze the military aid to Ukraine, and Mulvaney reportedly conveyed the President’s order ‘through the budget office to the Pentagon and the State Department, which were told only that the administration was looking at whether the spending was necessary.'”

View the complete October 7 article by Zachary Basu on the Axios website here.

Pompeo says he sent response to House investigators, but subpoenaed documents remain undelivered

Washington Post logoSecretary of State Mike Pompeo said Saturday that he had responded to the House committees seeking documents in their impeachment inquiry of President Trump, but congressional investigators say they are still waiting for Pompeo to comply with their subpoena.

Also, Gordon Sondland, the U.S. ambassador to the European Union ensnared in the impeachment inquiry of President Trump, has agreed to meet behind closed doors Tuesday with the three panels — Intelligence, Foreign Affairs and House Oversight — spearheading the probe, according to a committee aide. On Saturday, the official confirmed the schedule on the condition of anonymity to discuss private deliberations.

NBC News first reported Sondland’s planned appearance.

View the complete October 5 article by Karen DeYoung, Karoun Demirjian and Colby Itkowitz on The Washington Post website here.

Trump suggests Schiff be arrested for treason for exaggerating call with Ukraine

The Hill logoPresident Trump on Monday suggested House Intelligence Committee Chairman Adam Schiff (D-Calif.) be arrested for treason, a crime punishable by death or prison time, for exaggerating parts of the president’s call with Ukraine’s leader.

In a series of morning tweets, Trump ripped Schiff and the anonymous whistleblower who raised concerns about Trump’s conduct on the call with the president of Ukraine, the latter of which has accelerated a Democratic impeachment inquiry into Trump.

“Rep. Adam Schiff illegally made up a FAKE & terrible statement, pretended it to be mine as the most important part of my call to the Ukrainian President, and read it aloud to Congress and the American people,” Trump tweeted. “It bore NO relationship to what I said on the call. Arrest for Treason?”

View the complete September 30 article by Brett Samuels on The Hill website here.

Justice Department sides with Trump in subpoena fight

Lawmakers have not done enough to say why they need president’s financial records, administration argues

The Justice Department sided with President Donald Trump on Tuesday in his fight to stop a congressional subpoena for eight years of his financial records, telling a federal appeals court that lawmakers had not done enough to say why they need the information.

“The House’s lack of responsibility is sufficient reason for this Court to declare this subpoena invalid,” the DOJ wrote in a brief in the U.S. Court of Appeals for the D.C. Circuit.

The Justice Department said that “at an absolute minimum,” the appeals court should require the House Oversight and Reform Committee to provide more clarity about the legislative purpose for seeking Trump’s records from his accounting firm, Mazars USA.

View the complete August 7 article by Todd Ruger on The Roll Call website here.

Dem committees win new powers to investigate Trump

The House voted Tuesday to grant new legal powers to a key committee investigating the Trump administration, handing Democrats another tool in their battle to bore deeper into Robert Mueller‘s report on Russia’s election meddling and potential obstruction by President Trump.

The 229-191 vote broke down strictly along partisan lines with no defectors from either party, highlighting the entrenched divisions on Capitol Hill between Democrats accusing Trump of conducting a “cover-up” related to Mueller’s findings, and Republicans fighting to protect their White House ally from what they consider a political “witch hunt” heading into 2020.

The resolution empowers the House Judiciary Committee to go before a federal court in seeking the Department of Justice’s (DOJ) compliance with subpoenas for disputed materials and witness testimony. Two figures are named explicitly in the text: Attorney General William Barr, who has refused to release some parts of Mueller’s report and the underlying documents; and Don McGhan, the former White House counsel who has defied a Democratic subpoena to appear before the committee.

View the complete June 11 article by Mike Lillis on The Hill website here.

Trump, businesses sue Oversight chairman to block subpoena for financial records

President Trump and his private business are suing House Oversight and Reform Committee Chairman Elijah Cummings (D-Md.) to try to block a subpoena requesting financial records from the president’s accountant.

The lawsuit, which was filed Monday, asks a federal court in Washington, D.C., to prevent Cummings from obtaining records from Mazars USA, an accounting firm used by the president and his businesses, arguing congressional Democrats are abusing their subpoena power.

“Democrats are using their new control of congressional committees to investigate every aspect of President Trump’s personal finances, businesses, and even his family,” the suit reads. “Instead of working with the president to pass bipartisan legislation that would actually benefit Americans, House Democrats are singularly obsessed with finding something they can use to damage the President politically.”

View the complete April 22 article by Jacqueline Thomsen and Jordan Fabian on The Hill website here.

Rule change sharpens Dem investigations into Trump

A change to House rules is putting sharper teeth into Democratic investigations of President Trump and his administration.

The change allows staff of House committees to conduct depositions without any lawmakers present, freeing up the panels to move through witnesses in their investigations quickly without the constraints of the previous Congress.

The change will offer Democrats on powerful House committees including Intelligence, Oversight and Reform, and Judiciary substantial momentum as they open wide-ranging probes into Trump, producing new headaches for the White House as the president readies his reelection bid.

View the complete February 14 article by Morgan Chalfant on The Hill website here.

Dems ready to issue subpoena for phone records linked to Trump Tower meeting

Democrats on the House Intelligence Committee are preparing to issue a subpoena as soon as Thursday to obtain phone records linked to the June 2016 Trump Tower meeting between Trump campaign officials and a Russian lawyer, two sources familiar with the matter tell The Hill.

The subpoena will be the first order Rep. Adam Schiff (D-Calif.) will issue as committee chairman, and the process of preparing the order came one day after the committee became formally constituted.

Details about the specifics of the subpoena remain unclear, but the order goes to the heart of the committee’s plan to investigate ties between the Trump campaign and Russia.

View the complete February 7 article by Olivia Beaver on The Hill website here.

Whitaker says he won’t testify unless Dems withdraw subpoena threat

Acting Attorney General Matthew Whitaker is threatening to not testify before the House Judiciary Committee on Friday after Democrats on the panel voted to authorize the use of a subpoena against him if he did not attend or refused to answer certain questions.

Whitaker said in a statement Thursday that the Democratic-led panel “has deviated from historic practice and protocol and taken the unnecessary and premature step of authorizing a subpoena to the me [sic], the acting attorney general, even though I had agreed to voluntarily appear.”

“Such unprecedented action breaches our prior agreement and circumvents the constitutionally required accommodation process. Based upon today’s action, it is apparent that the Committee’s true intention is not to discuss the great work of the Department of Justice, but to create a public spectacle. Political theater is not the purpose of an oversight hearing, and I will not allow that to be the case,” he said.

View the complete February 7 article by Olivia Beaver on The Hill website here.