DOJ tells court that Congress can't sue to enforce subpoenas

Source: The Hill

DOJ tells court that Congress can't sue to enforce subpoenas
BY HARPER NEIDIG - 01/30/20 02:30 PM EST

The Trump administration told a federal judge on Thursday that Congress cannot sue the executive branch, attempting to fight off a House committee's subpoena for documents related to aborted efforts to add a citizenship question to the 2020 census.

James Burnham, an attorney with the Justice Department, argued that Congress cannot use the courts to enforce its subpoenas. It can only use the legislative tools it has at its disposal, he said.

"If they are enforceable in the courts that would be a revolution in the history of the relationship between the branches," Burnham said. "These cases would multiply like rabbits."

D.C. District Judge Randolph D. Moss seemed skeptical of Burnham's argument.

"It seems to be kind of remarkable to suggest that Congress as an institution can't enforce its subpoenas," Moss said, adding that, without that right, congressional subpoenas would be little more than requests.

Burnham responded that Congress has plenty of legislative powers, from appropriations to impeachment, to provide leverage for its subpoenas.
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Read more: https://thehill.com/regulation/court-battles/480730-doj-tells-court-that-congress-cant-sue-to-enforce-subpoenas