So, let me get this straight: All you have to do to not show up and testify to House commitees is

[BamaRefugee]

just say "I'M SCARED" and you're off Scott-free, unless the House Committee can somehow "guarantee" the safety of you and your family.

Which is obviously totally impossible.


I'm certain Matthew Whitaker will be "scared".

I'm certain IRS agents will be too "scared" to release tRump's taxes.

I'm certain EVERY SINGLE REPUBLICAN they call to testify will simply tell them the same thing ad nauseum.

What do the House commitees do, send out US Marshals to haul them in? I'm certain any testimony in that scenario would be seen as tainted and coerced, by any court of law.

[Crutchez_CuiBono]

1. Then what good are you Mike? And why aren't you in jail now?

Something tells me 'utmost cooperation' was the bargain for even a lower sentence. 'Big mouth' didn't care about the russian mob when he worked w them and had them around his family PRE 2017. Go to jail mike, do not pass go. You are delaying justice.
Imagine getting asked to go before the Congress of the USA...and saying yes...then getting frightened bc trum referenced his father in law...probably also a crook w the taxi business. Seems very very convenient, for MC.

[ProudLib72]

5. Exactly. He wasn't scared while he was working for the mafia

But now that he has seen the light, he is worried about his family. Real nice father/husband to use his family as human shields against being interviewed. They were convenient useful tools.

[politicaljunkie41910]

16. Do you know for certain he has worked for the mafia, or are you just repeating what Trump says?

Cohen didn't volunteer to be subpoena'd, and his lawyer Lanny Davis said that his Father-in-law had no affiliation with the mafia, this morning. Time will tell. But Trump trying to out him to keep him from testifying when Trump himself is the biggest liar, and his entire family who defraud the public, and steal from charities are a bunch of crooks and liars. But thank goodness you don't have to take my word for it. FTR I'm no fan of Cohen, I just hate it when Trump uses people and then throws them away like they're garbage. Perhaps Cohen may prove to be garbage, but Trump picked him and trusted him with all his secrets so what goes around, comes around.

[BamaRefugee]

22. As a struggling actor in NYC in the early 70s, I drove a taxi to survive. The industry is rife with

Mafia, ESPECIALLY where the real money is, the actual taxi cab medallions, and that's what MC was into. He's definitely been mob connected.

[ProudLib72]

32. Yes, I do know 100% that he is mafia connected

His uncle owned the bar that was the mafia's regular hangout/meeting place. Michael got involved with the mafia at a very young age, grew up with mafia connections.

[onenote]

2. If you haven't been subpoenaed to appear, your appearance is entirely voluntary.

The House didn't subpoena Cohen to appear. The Senate now has issued a subpoena, which changes things.

Most Congressional hearing witnesses appear voluntarily, not pursuant to a subpoena

[The Velveteen Ocelot]

3. There's this thing called a subpoena.

The Senate Intelligence Committee has already handed Cohen one of those, and it looks like at least one of the House committees will do the same. Trump and Giuliani actually have threatened Cohen's FIL, although it sounds like the threat is more likely to be of harassment by the DoJ rather than busted kneecaps, but it's a threat just the same, and most likely qualifies as witness tampering. Be that as it may, I wouldn't be surprised if Cohen is using these threats to force the Senate and the House to issue subpoenas forcing him to testify in order to weaken any claims by Trump et al. that Cohen is a rat who is just trying to cause trouble.

[BamaRefugee]

7. The Republican Senate committee? Should be a HARD HITTING inquiry!

[The Velveteen Ocelot]

10. The Senate Intelligence committee has actually been pretty good,

unlike its previous counterpart in the House, led by Devin Nunes. The problem with Intelligence Committee hearings is that, for obvious reasons, they are usually not public.

[exboyfil]

9. A threat to use an agency of the federal

government to illegally intimidate a witness is far more serious than a crook threatening physical violence. How do you get our country to understand this?

[The Velveteen Ocelot]

11. How do we get our country to understand a lot of the crazy shit that's been going on?

But my point was that Cohen and his family can be protected against physical threats but not against threats of intimidation and reprisal against the government itself.

[BamaRefugee]

13. How could they be protected?

Unless they have 24/7 security guards located within a few feet of them at all times. And who would pay for that?
The attack won't come from any of the usual suspects anyway. Russian agents have freely poisoned people, many of them in public, all over the world. And does MC get solitary confinement for his own protection for his entire sentence? No court will allow that. As soon as he's out in the yard, something could happen.

[The Velveteen Ocelot]

15. Is there any evidence that he or his family members were physically threatened?

My take on the threats was that Trump wants an "investigation" (that is, harassment) of Cohen's father-in-law, who is wealthy and who was, in fact, in some trouble with the IRS in the early '90s for failing to disclose some cash transactions; he pled guilty, paid a fine and was on probation for two years. But there has been nothing in the news suggesting that he has done anything wrong since then or that he was involved in any of the crimes for which Cohen was prosecuted. What Trump is trying to do is scare Cohen into not testifying by hinting that his elderly FIL will be forced to undergo an onerous federal investigation of his finances.

[gratuitous]

4. The first invitation is usually just that, an invitation

There isn't any force being applied, no threat of a penalty for non-attendance. If the committee decides it really wants to hear from Michael Cohen, they can issue a subpoena and serve it on him. Refusing to comply with a subpoena is a more serious matter than simply turning down an invitation to testify at a committee hearing.

[BamaRefugee]

6. I'm a professional process server and I have served THOUSANDS of subpoenas and summonses.

I can tell you as an absolute fact that being served and actually showing up have very little direct linkage.

Again, if the witnesses, even if subpoenaed, claim they fear for their lives, what are the House committees going to do?

And the larger question is, why are they just INVITING people to testify, just SUBPOENA THEM THE FIRST TIME so that there is some precedent and authority to work with!

WE HAVE TO PLAY HARDBALL HERE.

There is NO NEED to "play nice" with a convicted felon, GET HIS ASS IN FRONT OF THE COMMITTEE!

[Crutchez_CuiBono]

8. +1

[brush]

14. This is not clear. If subpoenaed, aren't they compelled ot show?

And if not won't federal agents be sent to accompany them to the hearing?

[The Velveteen Ocelot]

17. Yes, that's what a subpoena is: An order to compel testimony.

It literally means "under penalty." If you've been subpoenaed and you don't show up, the cops could come and get you and you could be charged with contempt of court.

[BamaRefugee]

19. Again, as a professional process server for many many years, it's EXTREMELY doubtful the cops are

going to "come and get you", except for extreme circumstances, and in a criminal TRIAL, not a civil matter.
Now with Michael Cohen, I suppose a judge can simply ordered him to be immediately incarcerated, and they can go from there.


It's never a slam dunk after service. I speak with authority and experience.

[The Velveteen Ocelot]

20. They might or they might not, depending on the seriousness of the matter.

The point is that they could. An important witness not showing up to testify before a Congressional committee could be deemed serious enough to result in a visit from a couple of federal marshals. (I, too, have some experience in such matters from when I practiced law. I saw people get in hot water just for ignoring deposition subpoenas. Typically, federal judges have much less patience for such things than state judges.)

[BamaRefugee]

21. True, but check out my post just below this one.

I serve LOTS of ORDERS TO APPEAR, which is way more serious than a subpoena, it's the judge himself TELLING YOU to come alone, into his chambers, bring your checkbook, pink slips, deeds, EVERYTHING YOU HAVE, and he is going to have a one on one chat with you while he takes away whatever he wants.

And 6 month later I'm back serving the same people again because they didn't show up.


This is an older article but it does outline the weaknesses of Congressional subpoenas and Contempt Citations:

www.talkleft.com/story/2007/7/8/1731/15806/lawrelated/The-Congressional-Subpoena-Power-How-It-Is-Enforced

[BamaRefugee]

18. If you're subpoenaed, you are REQUIRED BY LAW to show up. If you are on a highway, you are REQUIRED

BY LAW to obey the speed limit. Do people always do that?
On the subpoena, the fines and other costs for not obeying are clearly posted. And regularly ignored. Too complicated to explain it all here. I have to go out now and serve some subpoenas

As far as "agents" accompanying the witness, I'm not even sure what agency that would be in Congressional cases, and how would they accomplish it? Surround the witness' house all night, wake him up at a certain hour, place him in an agency car and transport him to the hearing? I'm not sure that would even be legal.

[shanny]

23. um, Cohen was testifying voluntarily.

Now he has un-volunteered. I suspect that will not be the end of it.

[BamaRefugee]

24. And again, a point I made in another post. WHY are we SO DEFERENTIAL to a convicted felon?

Don't "invite" a mob connected criminal, FORCE HIM TO COME, otherwise you are showing a total lack of WILL on the Committee for things to happen.
And he will still be "scared" when subpoenaed.

[shanny]

25. who's "we"?

and why would you address such questions to random people on an internet forum instead of committee chairs in the House?

[BamaRefugee]

30. "WE" would be the Representatives on the various committees representing WE THE DEMOCRATIC VOTERS..

who got them INTO A MAJORITY so that "WE" can be in charge of the hearings and not "THEM" the Republicans.

And I address my question to (not so random) people on a forum, because OTHERS MAY KNOW MORE THAN I DO, and I seek wisdom.

And I say "not so random" people because this forum, on DU, has already self selected themselves as somewhat like-minded fellow Democrats, who I enjoy hearing from.

[shanny]

31. Talk to "WE" the Representatives then, not us,

because they are the ones who 1) according to you, need to hear it; and 2) can do anything about it.

[leftynyc]

26. They could subpoena him

Like the senate just did (and he has accepted that subpoena and will testify).

[BamaRefugee]

27. Exactly my point. They didn't INVITE him first, they just subpoenaed him. I approve.

[leftynyc]

28. Me too

Why they're handling him with kid gloves is a mystery.

[Autumn]

29. It will be interesting to see if he testifies in the Senate.

[jalan48]

33. Who's going to be protecting him in prison out of the public eye?

[BamaRefugee]

34. I asked that very question above. Put him in solitary his entire sentence? No court would allow that

And first time out in the yard he could be a sitting duck.
But if you can’t do the time, don’t do the crime.

[jalan48]

35. I agree, if the Russians or the Mafia want to get him or more likely his family they will do it.