No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
- Contrary to popular conception, courts can rule quickly when they want to. I am more than a little peeved at federal judges who have allowed Trump and his allies to "win" legal cases by running out the clock. When it is clear that a litigant is going to use delaying tactics to prevail, judges need to expedite matters so that tactic is foiled.
- Which brings me to the January 6th Commission's subpoenas for documents sent to Trump's allies. Trump has encouraged them to claim executive privilege, even though the argument is highly unlikely to succeed. Courts need to dispose of those bogus claims in days, not weeks, not months.
- Most times there is no legal defense to not complying with those subpoenas. The target of the subpoena refuses to respond knowing Congress will have to go to court to enforce the subpoena and that will result in a significant delay.
- That is why Congress needs to brush off the historical dust on the concept of "inherent contempt" and start enforcing its own subpoenas. The time-consuming process of Congress seeking judicial intervention to enforce its orders is clearly not working. Congress needs to start making examples of those who simply are ignoring subpoenas or treating them as requests. Even if Congress does not want to start putting people in jail for contempt, Congress can issue fines for non-compliance. Until Congress starts doing this, no one is going to take congressional subpoenas seriously.