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The committee has two leading options at its disposal (other than doing nothing) to try to force Flynn to cough up the documents it has subpoenaed. As a useful Lawfare explainer notes, the dommittee can either try to refer the matter to the U.S. Attorney for criminal action, or it can try to get the Senate, under a provision in a 1978 ethics reform law, to enlist its counsel to bring a civil action to compel release of the documents. The basic principle here is that in order for congressional oversight to be effective, its subpoena power must have real teeth. The success of the first option relies on the willingness of the Justice Department to prosecute, and the latter option (a civil action brought by Senate counsel) is the more likely one. That would probably require votes first by the committee, and then by the full Senate, according to Sarah Binder, a congressional expert at George Washington University The important procedural step here has typically been that the Senate by statute is authorized to direct its chamber legal counsel to seek civil enforcement of its committee subpoenas," Binder told me this morning. "The full Senate would vote on a resolution directing its legal counsel to file suit in federal court to enforce a committee issued subpoena." This would raise some political complications and would pose a challenge to Republicans. As one legal expert explained to USA Today, the question then would be how hard the GOP-controlled Senate's counsel will fight in civil court which would have to decide whether the Flynn documents are protected under the Fifth Amendment -to try to get Flynn to release them. That would also raise questions about how seriously the GOP Senate caucus is taking its oversight role.

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russiagate mike flynn 5th amendment department of justice george washington university united states senate republican party

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NO COLLUSION NO OBSTRUCTION FOR THE HATERS AND THE RADICAL LEFT DEMOCRATS GAME-GIVER

Dr Shaym 18 hours ago You are showing flat Earther levels of denial if you believe there's even the slimmest possibility that Trump will still be convicted of collusion with Russia after today. We're looking at 2,800 subpoenas, nearly 500 search warrants, more than 230 orders for communication records, almost 50 orders authorizing use of pen registers, 13 requests to foreign governments for evidence, and interviews with 500 witnesses over the course of 22 months. The 9/11 attacks weren't investigated this thoroughly. It's over. Trump is drinking your milkshake.

PHASE 1 PHASE 2 PHASE3 Concocte Delussional Allegations, Demand, then Ignore, all Investigation(s.).. RUSSIAN riCOLLUSION DNC

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Russiagate - Flynn wants to plead the 5th

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The committee has two leading options at its disposal (other than doing nothing) to try to force Flynn to cough up the documents it has subpoenaed. As a useful Lawfare explainer notes, the dommittee can either try to refer the matter to the U.S. Attorney for criminal action, or it can try to get the Senate, under a provision in a 1978 ethics reform law, to enlist its counsel to bring a civil action to compel release of the documents. The basic principle here is that in order for congressional oversight to be effective, its subpoena power must have real teeth. The success of the first option relies on the willingness of the Justice Department to prosecute, and the latter option (a civil action brought by Senate counsel) is the more likely one. That would probably require votes first by the committee, and then by the full Senate, according to Sarah Binder, a congressional expert at George Washington University The important procedural step here has typically been that the Senate by statute is authorized to direct its chamber legal counsel to seek civil enforcement of its committee subpoenas," Binder told me this morning. "The full Senate would vote on a resolution directing its legal counsel to file suit in federal court to enforce a committee issued subpoena." This would raise some political complications and would pose a challenge to Republicans. As one legal expert explained to USA Today, the question then would be how hard the GOP-controlled Senate's counsel will fight in civil court which would have to decide whether the Flynn documents are protected under the Fifth Amendment -to try to get Flynn to release them. That would also raise questions about how seriously the GOP Senate caucus is taking its oversight role.

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