Subpoena wars: Washington is on a path to mutually assured destruction

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In an initial court appearance following his arrest on Friday for contempt of Congress, former Trump adviser Peter Navarro stood before an obviously concerned federal magistrate. โ€œEvery time that youโ€™re speaking,โ€ Judge Zia Faruqui tried to explain, โ€œit could mean potentially putting yourself at risk.โ€

It was entirely sensible advice about self-protection โ€” and it was promptly ignored. Navarro, 72, went directly outside and blasted the charge against him, the Democrats, and the FBI.

Judge Faruquiโ€™s concern was almost charmingly naive. We live in an age of the sensational, not the sensible. The Navarro case is just one skirmish in a subpoena war engulfing Washington. No one seems to be thinking much beyond the next election.

In the buildup to next weekโ€™s start of public hearings by the House of Representativesโ€™ Jan. 6 investigative committee, Democrats have subpoenaed Republican colleagues and held former Trump officials in contempt. Then, instead of simply arranging for Navarro to voluntarily surrender, the Justice Department made a dramatic public arrest of him at an airport and dragged him off to jail in handcuffs.

These subpoena fights seem to be unfolding with little consideration given to the potential costs, either for Washington institutions or the individuals involved.

Democrats circle the firing squad

A variety of polls show,ย according to the political site FiveThirtyEight, that โ€œAmericans are moving on from Jan. 6th โ€” even if Congress hasnโ€™t.โ€ With waning interest in the investigation, congressional Democrats and some in the media have pushed โ€œblockbusterโ€ new disclosures. However, many of their disclosures simply confirm what is already known: Then-President Trumpย and close associates wanted to challenge Congressโ€™ certification of the 2020 presidential election and, instead, force Congress to select the next president.ย I wrote about that likely strategy just a couple weeks after the election,ย but that fruitless effort turned into a full-fledged riot in the Capitol.

By Jonathan Turley

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