Minden, United States, 10/09/2022.- Former U.S. President Donald J. Trump tosses Save America hats at the start of the Save America rally at Minden-Tahoe Airport in Minden, Nevada, the United States, on October 08, 2022 to supporters Trump is holding rallies for congressional candidates he supports ahead of the midterm elections. (Elections, United States) EFE/EPA/PETER DASILVA
Photo: EFE – PETER DASILVA
The US House of Representatives committee investigating the January 2021 attack on Capitol Hill announced last Thursday its unanimous decision to subpoena Donald Trump to present his side of the story. The call caused a political earthquake in the country. Will you testify? Though the Republican is considering running for office, it’s unlikely. If the stakes are so low, why bother quoting Trump? These are the keys to the new political drama in the United States. What can happen?
In the final sprint: the central reason for the quote
The commission is nearing its expiration date. In fact, its useful life is linked to the current Congress, which will be largely renewed after the general elections on November 8th.
If Republicans regain control of the House of Representatives, which is now in Democrat hands, they will first dissolve the body in January, as they have announced. Therefore, the Commission has to present the report concluding its extensive investigation before the end of the year. And by his own rules, he must finish his work a month after the publication of his final report.
“We’re like Cinderella at midnight, our vacation ends at the end of the year,” one of its members, Jamie Raskin, told CBS in September.
The commission, made up of seven Democrats and two Republicans, could release a preliminary text before November 8th. Was Thursday’s public hearing the last? The panel remains vague on the subject. Should Trump testify, another session could be on the agenda.
Here we find the key reason for the subpoena: the committee wants to make it clear that it did everything it could to uncover the truth and uncover Trump’s connection to the attack on Capitol Hill. Whether he shows up or not, that goes to a secondary level. What will remain in the story is trying to figure out his version, knowing how difficult that was.
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Will Trump testify?
The Republican mogul has not said if he will comply with the subpoena. He responded to the announcement of his subpoena on his social network Truth Social by describing the group of lawmakers as a “fiasco” that “divided the country,” in his usual angry style.
For New York University law professor Stephen Gilles, “Trump is clearly not going to deliver.”
“The Republicans will probably take control of the House of Representatives in January and he will violate the subpoena,” he told AFP.
If the former president acts in this manner, he could be declared in contempt of Congress and sent to the Justice Department for eventual prosecution. If Trump appeals to the Supreme Court, he could even stall the process for months, but it’s time the commission doesn’t have.
But even if he does appear before lawmakers, Trump could invoke his right not to answer questions under the Fifth Amendment to the US Constitution, lest he risk incriminating himself.
In light of all this, why did the Commission still make its surprise announcement?
The most likely reason, according to Professor Gillers, is to “prevent Trump from later complaining that the commission was unfair because he never gave him a chance to testify.” “The Commission says, ‘Here is the opportunity,'” he explains.
So is it wishful thinking that Trump could appear before elected officials? Maybe not.
According to The New York Times and its Donald Trump reporter Maggie Haberman, the former president told relatives he was inclined to agree to the subpoena as long as he could testify live. The committee is unlikely to agree to a subpoena under the conditions imposed by the former president. Throughout the investigation, the panel declined conditional testimony for virtually all witnesses, with the exception of former Trump White House adviser Cassidy Hutchinson.
Trump’s only reason to testify is that he believes he can convince the panel and the country that this investigation was a “witch hunt.” However, his lawyers have urged him to be cautious about this, warning him of the myriad legal problems that could add up.
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What remains after the report?
The question after all this investigative work is whether the committee will urge the Justice Department to indict Trump and his associates in a high-profile case, but that’s unlikely.
“Our panel may decide to approach the Justice Department on a number of issues, but we recognize that our role is not to make procedural decisions,” Liz Cheney, the panel’s vice chair, said Thursday.
Attempts to seek legal enforcement against Trump would take a long time. Attorney General Merrick Garland, known for his methodology and diligence, will have the final say.
“All those criminally responsible for attempts to nullify the election must be held accountable for their actions,” he said.
But the Justice Department’s internal position on absolute immunity renders efforts to try Trump inconclusive, according to legal experts consulted Guardian.
For example, the Commission can only make legislative recommendations to protect the certification process for the election results so that events like those of January 6, 2021 cannot happen again.
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