What to Do If Congress Can’t Get More Information

Since the Democrats gained control of the House, the Trump administration has taken the most extreme position on congressional oversight in American history: In essence, it has argued that no demand from Congress, for information about anything, to anyone in the executive branch, is binding on the president. While many presidents have struggled with the reach of congressional oversight, this administration has been particularly defiant.

In only slightly coded language, it justifies its position on the grounds that the House is now controlled by the Democratic Party and thus illegitimate. For, Giuliani said, “. I think Adam Schiff should be removed.” On Monday he , “I have received a subpoena signed only by Democrat Chairs who have prejudged this case. It raises significant issues concerning legitimacy and constitutional and legal issues including, inter alia, attorney client and other privileges.”