Lawfare: The Way Forward on Congressional Subpoena Reform
Presidential Reform Project co-chairs Bob Bauer and Jack Goldsmith published the following article in Lawfare outlining next steps Congress can take on addressing congressional subpoena enforcement.
The core solution to this problem is obvious: require the courts to work as fast as possible to resolve these separation of powers disputes. PODA would accomplish this by giving Congress an express right to bring such cases and by making it a “duty of every court of the United States to expedite to the greatest possible extent the disposition” of such cases. This proposal enjoys bipartisan support. Republican Rep. Darrell Issa proposed similar legislation in 2017 that passed the House in a voice vote. Both parties in Congress have a long-term institutional interest in strengthening the first branch’s hand in its disputes with the executive branch.