CHARLOTTE, N.C. — With the Jan. 6 Committee hearings underway, the panel promised the public an array of in-person testimony as well as taped interviews with those with knowledge of the deadly attack on the U.S. Capitol.
A U.S. Capitol police officer was one of the first to testify live Thursday night. The committee sent requests for witnesses of the attack to share their accounts on the record.
The committee's investigation is leaving some with questions about the process to get individuals to testify.
THE QUESTION
Is a congressional subpoena different than one issued by a court?
OUR SOURCES
THE ANSWER
No, there isn't a difference between a congressional subpoena and one issued by a court or grand jury.
WHAT WE FOUND
First, it's important to understand the definition of a subpoena: It's an order legally obligating the recipient to produce documents or testify.
Companies, individuals, and even former presidents can be subpoenaed.
"Courts can issue subpoenas, grand juries can issue subpoenas," Sklansky said. "So judicial bodies can issue subpoenas. And Congress can issue subpoenas."
House procedures and rules say if someone refuses to comply with a subpoena, Congress can hold that person in contempt.
"Unless the subpoena is quashed, you have to comply with it," Sklansky said. "Whether it's from Congress or whether it's from the court or grand jury."
And challenging a congressional subpoena works the same as one issued by a court or grand jury, according to Sklansky.
"You can go to a court and seek an order quashing the subpoena," Sklansky said. "Or you can just refuse to comply with the subpoena and wait for Congress or the courts to enforce the subpoena by suing you or arresting you for failing to comply."
Kimberly Guilfoyle is the only member of Donald Trump's family known to have received a subpoena in connection to the Jan. 6 Committee. Other members of Trump's family, including his daughter, Ivanka, and her husband, Jared Kushner, have cooperated with the committee's investigation voluntarily.
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