WHAT'S NEXT? WE LOOK AT THE POTENTIAL

WE LOOK AT THE POTENTIAL RAMIFICATIONS.

RAMIFICATIONS. >> THE IMPEACHMENT INQUIRY INTO

>> THE IMPEACHMENT INQUIRY INTO THE PRESIDENT HAS SPIRALLED INTO

THE PRESIDENT HAS SPIRALLED INTO A DUEL BETWEEN HOUSES DEMOCRATS

A DUEL BETWEEN HOUSES DEMOCRATS AND TOP ADMINISTRATION THAT

AND TOP ADMINISTRATION THAT REFUSES TO COOPERATE.

REFUSES TO COOPERATE. EARLIER THIS MONTH WHITE HOUSE

EARLIER THIS MONTH WHITE HOUSE COUNSEL MADE IT PRETTY CLEAR.

COUNSEL MADE IT PRETTY CLEAR. HE WROTE, IN ORDER TO FULFILL

HE WROTE, IN ORDER TO FULFILL HIS DUTIES TO THE AMERICAN

HIS DUTIES TO THE AMERICAN PEOPLE, THE CONSTITUTION, THE

PEOPLE, THE CONSTITUTION, THE EXECUTIVE AND ALL FUTURE

EXECUTIVE AND ALL FUTURE OCCUPANTS OF THE OFFICE OF THE

OCCUPANTS OF THE OFFICE OF THE PRESIDENCY, PRESIDENT TRUMP AND

PRESIDENCY, PRESIDENT TRUMP AND HIS ADMINISTRATION CANNOT

HIS ADMINISTRATION CANNOT PARTICIPATE IN YOUR PARTISAN AND

PARTICIPATE IN YOUR PARTISAN AND UNCONSTITUTIONAL INQUIRY UNDER

UNCONSTITUTIONAL INQUIRY UNDER THESE CIRCUMSTANCES.

THESE CIRCUMSTANCES. >> WE'RE FIGHTING ALL THE

>> WE'RE FIGHTING ALL THE SUBPOENAS.

SUBPOENAS. >> WE KNOW THE WHITE HOUSE, VICE

>> WE KNOW THE WHITE HOUSE, VICE PRESIDENT MIKE PENCE, SECRETARY

PRESIDENT MIKE PENCE, SECRETARY OF STATE MIKE PORN POMPEO AND

OF STATE MIKE PORN POMPEO AND TRUMP'S PERSONAL ATTORNEY, RUDY

TRUMP'S PERSONAL ATTORNEY, RUDY GIULIANI, HAVE ALL BEEN

GIULIANI, HAVE ALL BEEN SUBPOENAED.

SUBPOENAED. WHAT HAPPENS NEXT TO THOSE IN

WHAT HAPPENS NEXT TO THOSE IN TRUMP'S ORBIT WHO REFUSE TO

TRUMP'S ORBIT WHO REFUSE TO COMPLY WITH THOSE SUBPOENAS?

COMPLY WITH THOSE SUBPOENAS? I CALLED DR. MATTHEW WILSON, AN

I CALLED DR. MATTHEW WILSON, AN ASSOCIATE PROFESSOR OF POLITICS

ASSOCIATE PROFESSOR OF POLITICS AT SOUTHERN METHODIST

AT SOUTHERN METHODIST UNIVERSITY.

UNIVERSITY. >> CONGRESS DOES NOT HAVE THE

>> CONGRESS DOES NOT HAVE THE AUTHORITY TO ACT AS A LAW

AUTHORITY TO ACT AS A LAW ENFORCEMENT AGENCY.

ENFORCEMENT AGENCY. THAT'S NOT ITS JOB.

THAT'S NOT ITS JOB. >> THE TRUMP ADMINISTRATION'S

>> THE TRUMP ADMINISTRATION'S OUTRIGHT REFUSAL TO COOPERATE IS

OUTRIGHT REFUSAL TO COOPERATE IS NOT TESTING CONGRESS' POWER TO

NOT TESTING CONGRESS' POWER TO ISSUE SUBPOENAS, BUT CONGRESS'

ISSUE SUBPOENAS, BUT CONGRESS' POWER TO ENFORCE THEM.

POWER TO ENFORCE THEM. BUT LET'S TAKE A STEP BACK.

BUT LET'S TAKE A STEP BACK. THREE PRESIDENTS BESIDES TRUMP

THREE PRESIDENTS BESIDES TRUMP HAVE BEEN SUBPOENAED IN THE

HAVE BEEN SUBPOENAED IN THE PAST.

PAST. THOMAS JEFFERSON, RICHARD NICKS

THOMAS JEFFERSON, RICHARD NICKS TON AND BILL CLINTON.

TON AND BILL CLINTON. JEFFERSON INITIALLY REFUSED TO

JEFFERSON INITIALLY REFUSED TO COMPLY AND THEN PRODUCED SOME

COMPLY AND THEN PRODUCED SOME DOCUMENTS AND THEN OFFERED TO

DOCUMENTS AND THEN OFFERED TO TESTIFY.

TESTIFY. RICHARD NIXON RESIGNED, AND

RICHARD NIXON RESIGNED, AND CLINTON'S SUBPOENA WAS WITHDRAWN

CLINTON'S SUBPOENA WAS WITHDRAWN AFTER HE VOLUNTARILY AGREED TO

AFTER HE VOLUNTARILY AGREED TO TESTIFY.

TESTIFY. HERE'S KEITH WHITTINGTON, A

HERE'S KEITH WHITTINGTON, A CONSTITUTIONAL LAW PROFESSOR AT

CONSTITUTIONAL LAW PROFESSOR AT PRINCETON UNIVERSITY.

PRINCETON UNIVERSITY. >> THE QUESTION IS WHAT ARE THE

>> THE QUESTION IS WHAT ARE THE LEGAL GROUNDS FOR REFUSING TO

LEGAL GROUNDS FOR REFUSING TO COOPERATE AT ALL?

COOPERATE AT ALL? WHAT PRESIDENTIAL

WHAT PRESIDENTIAL ADMINISTRATIONS HAVE DONE IN THE

ADMINISTRATIONS HAVE DONE IN THE PAST AND WHAT THE TRUMP

PAST AND WHAT THE TRUMP ADMINISTRATION HAS DONE ON A

ADMINISTRATION HAS DONE ON A OCCASIONS AS WELL IS LEAN ON

OCCASIONS AS WELL IS LEAN ON EXECUTIVE PRIVILEGE IN ORDER TO

EXECUTIVE PRIVILEGE IN ORDER TO ARGUE THE VERY SPECIFIC

ARGUE THE VERY SPECIFIC DOCUMENTS, VERY SPECIFIC

DOCUMENTS, VERY SPECIFIC INFORMATION HAS TO BE KEPT

INFORMATION HAS TO BE KEPT CONFIDENTIAL IN THE EXECUTIVE

CONFIDENTIAL IN THE EXECUTIVE BRANCH AND CAN'T BE SHARED WITH

BRANCH AND CAN'T BE SHARED WITH CONGRESS.

CONGRESS. WHAT'S STRIKING ABOUT THE

WHAT'S STRIKING ABOUT THE ADMINISTRATION'S CURRENT

ADMINISTRATION'S CURRENT POSITION IS IT DOESN'T MAKE

POSITION IS IT DOESN'T MAKE THOSE KIND OF VERY SPECIFIC

THOSE KIND OF VERY SPECIFIC CLAIMS.

CLAIMS. INSTEAD, IT'S MAKING A VERY

INSTEAD, IT'S MAKING A VERY BLANKET CLAIM, WE'RE NOT GOING

BLANKET CLAIM, WE'RE NOT GOING TO COOPERATE AT ALL.

TO COOPERATE AT ALL. >> WITH THAT LACK OF PRECEDENCE,

>> WITH THAT LACK OF PRECEDENCE, TRUMP'S CRITICS ARE WONDERING

TRUMP'S CRITICS ARE WONDERING HOW POWERFUL SUBPOENAS ARE.

HOW POWERFUL SUBPOENAS ARE. >> THEY GAVE HIM THREE SUBPOENAS

>> THEY GAVE HIM THREE SUBPOENAS LIKE PARKING TICKETS.

LIKE PARKING TICKETS. >> CONGRESS DOES HAVE A FEW

>> CONGRESS DOES HAVE A FEW OPTIONS, THOUGH RARELY USED.

OPTIONS, THOUGH RARELY USED. CRIMINAL CONTEMPT, CIVIL

CRIMINAL CONTEMPT, CIVIL ENFORCEMENT AND -- FIRST UP,

ENFORCEMENT AND -- FIRST UP, CRIMINAL CONTENT.

CRIMINAL CONTENT. >> THEY CAN HOLD THE RELEVANT

>> THEY CAN HOLD THE RELEVANT EXECUTIVE BRANCH OFFICIAL IN

EXECUTIVE BRANCH OFFICIAL IN CONTEMPT OF CONGRESS FOR NOT

CONTEMPT OF CONGRESS FOR NOT COMPLYING WITH THE SUBPOENA

COMPLYING WITH THE SUBPOENA WHICH MEANS THEY CAN THEN REFER

WHICH MEANS THEY CAN THEN REFER THAT TO THE JUSTICE DEPARTMENT

THAT TO THE JUSTICE DEPARTMENT FOR CRIMINAL PROSECUTION.

FOR CRIMINAL PROSECUTION. IN FACT, AS THE JUSTICE

IN FACT, AS THE JUSTICE DEPARTMENT WILL NOT ACTUALLY

DEPARTMENT WILL NOT ACTUALLY PROSECUTE THOSE CASES.

PROSECUTE THOSE CASES. >> THAT'S WHAT HAPPENED WHEN THE

>> THAT'S WHAT HAPPENED WHEN THE HOUSE HELD ATTORNEY GENERAL

HOUSE HELD ATTORNEY GENERAL WILLIAM BARR AND COMMERCE

WILLIAM BARR AND COMMERCE SECRETARY KILLWILBUR ROSS IN

SECRETARY KILLWILBUR ROSS IN CRIMINAL CONTEMPT.

CRIMINAL CONTEMPT. THEY ASKED THE JUSTICE

THEY ASKED THE JUSTICE DEPARTMENT TO PROSECUTE THOSE

DEPARTMENT TO PROSECUTE THOSE TWO FOR IGNORING THEIR

TWO FOR IGNORING THEIR SUBPOENAS.

SUBPOENAS. BUT, OF COURSE, THE TRUMP

BUT, OF COURSE, THE TRUMP ADMINISTRATION'S DEPARTMENT OF

ADMINISTRATION'S DEPARTMENT OF JUSTICE WEREN'T EXACTLY GOING TO

JUSTICE WEREN'T EXACTLY GOING TO PROSECUTE ITS OWN ATTORNEY

PROSECUTE ITS OWN ATTORNEY GENERAL.

GENERAL. THE ONLY OTHER TIME IN U.S.

THE ONLY OTHER TIME IN U.S. HISTORY THIS HAS HAPPENED TO A

HISTORY THIS HAS HAPPENED TO A SITTING CABINET MEMBER WAS IN

SITTING CABINET MEMBER WAS IN 2012 WHEN A REPUBLICAN HOUSE

2012 WHEN A REPUBLICAN HOUSE HELD THEN-ATTORNEY GENERAL ERIC

HELD THEN-ATTORNEY GENERAL ERIC HOLDER IN CRIMINAL CONTEMPT OF

HOLDER IN CRIMINAL CONTEMPT OF CONGRESS.

CONGRESS. BOTH OF THESE EXAMPLES SHOW THAT

BOTH OF THESE EXAMPLES SHOW THAT GOING THE CRIMINAL CONTEMPT

GOING THE CRIMINAL CONTEMPT ROUTE MAY NOT BE THE BEST

ROUTE MAY NOT BE THE BEST OPTION.

OPTION. CONGRESS CAN ALSO GO THE CIVIL

CONGRESS CAN ALSO GO THE CIVIL ROUTE.

ROUTE. ESSENTIALLY ASKING THE COURTS TO

ESSENTIALLY ASKING THE COURTS TO ORDER THE WITNESS TO HAND OVER

ORDER THE WITNESS TO HAND OVER THE DOUMS.

THE DOUMS. >> THEY CAN TRY TO TAKE THOSE

>> THEY CAN TRY TO TAKE THOSE PROJECTIONS, THOSE SUBPOENAS TO

PROJECTIONS, THOSE SUBPOENAS TO COURT AND TRY TO GET A COURT

COURT AND TRY TO GET A COURT ORDER.

ORDER. >> BUT CIVIL ENFORCEMENT CAN

>> BUT CIVIL ENFORCEMENT CAN TAKE FOREVER.

TAKE FOREVER. SO, THE THIRD OPTION FOR

SO, THE THIRD OPTION FOR CONGRESS IS INHERENT CONTEMPT.

CONGRESS IS INHERENT CONTEMPT. CONGRESS HAS RARELY USED IT IN

CONGRESS HAS RARELY USED IT IN THE PAST BUT THEY HAVE THE POWER

THE PAST BUT THEY HAVE THE POWER TO IMPRISON OR FINE NONCOMPLIANT

TO IMPRISON OR FINE NONCOMPLIANT WITNESSES ON THEIR OWN.

WITNESSES ON THEIR OWN. >> IT'S BEEN SINCE THE 1920s

>> IT'S BEEN SINCE THE 1920s WHEN CONGRESS USED THE SERGEANT

WHEN CONGRESS USED THE SERGEANT OF ARMS TO GO AND ARREST

OF ARMS TO GO AND ARREST SOMEONE.

SOMEONE. THAT THEATRICALLY IS POSSIBLE.

THAT THEATRICALLY IS POSSIBLE. THE HOUSE OF REPRESENTATIVES

THE HOUSE OF REPRESENTATIVES COULD SEND ITS SERGEANT-AT-ARMS

COULD SEND ITS SERGEANT-AT-ARMS TO ENFORCE A CONTEMPT CITATION.

TO ENFORCE A CONTEMPT CITATION. I THINK THAT'S UNLIKELY TO

I THINK THAT'S UNLIKELY TO HAPPEN.

HAPPEN. IT HASN'T BEEN DONE IN ALMOST

IT HASN'T BEEN DONE IN ALMOST 100 YEARS.

100 YEARS. >> THE CALCULATION BEING MADE BY

>> THE CALCULATION BEING MADE BY TRUMP ADMINISTRATION OFFICIALS

TRUMP ADMINISTRATION OFFICIALS WHEN THEY DECIDE TO I GUESS

WHEN THEY DECIDE TO I GUESS FOREA SUBPOENA?

FOREA SUBPOENA? >> I THINK THE WHITE HOUSE --

>> I THINK THE WHITE HOUSE -- THE PRESIDENT IS GOING TO BE

THE PRESIDENT IS GOING TO BE IMPEACHED IN ANY CASE.

IMPEACHED IN ANY CASE. HE'S ASSUMING IMPEACHMENT IS

HE'S ASSUMING IMPEACHMENT IS GOING TO OCCUR AND SO NOW HE'S

GOING TO OCCUR AND SO NOW HE'S LOOKING FURTHER DOWN THE ROAD

LOOKING FURTHER DOWN THE ROAD AND FOCUSING HIS ATTENTION ON

AND FOCUSING HIS ATTENTION ON THE SENATE KRIL AND ULTIMATELY

THE SENATE KRIL AND ULTIMATELY TO THE PRESIDENTIAL ELECTION

TO THE PRESIDENTIAL ELECTION CAMPAIGN.

CAMPAIGN. IF YOU'RE CONVINCED THEY'RE

IF YOU'RE CONVINCED THEY'RE GOING TO IMPEACH NO MATTER WHAT,

GOING TO IMPEACH NO MATTER WHAT, IT DOES ENCOURAGE THE WHITE

IT DOES ENCOURAGE THE WHITE HOUSE TO BE NONCOOPERATIVE.

HOUSE TO BE NONCOOPERATIVE. >> THERE'S ONE MORE THING

>> THERE'S ONE MORE THING CONGRESS COULD DO.

CONGRESS COULD DO. LESS OF A LEGAL OPTION AND MORE

LESS OF A LEGAL OPTION AND MORE OF A POLITICAL TACTIC.

OF A POLITICAL TACTIC. BASICALLY, THEY TRIED TO USE

BASICALLY, THEY TRIED TO USE THEIR LEVERAGE TO DERAIL

THEIR LEVERAGE TO DERAIL PRESIDENT TRUMP'S LEGISLATIVE

PRESIDENT TRUMP'S LEGISLATIVE AGENDA.

AGENDA. >> AND THE TRUMP

>> AND THE TRUMP ADMINISTRATION'S CASE, IT'S NOT

ADMINISTRATION'S CASE, IT'S NOT CLEAR THEY HAVE A LEGISLATIVE

CLEAR THEY HAVE A LEGISLATIVE AGENDA.

AGENDA. >> IT'S WORTH REMEMBERING,

>> IT'S WORTH REMEMBERING, IGNORING ALL OF THESE SUBPOENAS

IGNORING ALL OF THESE SUBPOENAS COULD BACKFIRE FOR THE TRUMP

COULD BACKFIRE FOR THE TRUMP ADMINISTRATION.

ADMINISTRATION. BECAUSE THAT RESISTANCE COULD BE

BECAUSE THAT RESISTANCE COULD BE GROUNDS FOR IMPEACHMENT IN AND

GROUNDS FOR IMPEACHMENT IN AND OF ITSELF.

OF ITSELF. >> THE HOUSE MIGHT SIMPLY SAY,

>> THE HOUSE MIGHT SIMPLY SAY, IF YOU'RE HIDING THE EVIDENCE OF