Donald Trump spent yesterday exhibiting some of his most frantic, deranged, and cognitively-challenged behavior yet – and for good reason. He knows what today is all about. Before the morning is over, the House Judiciary Committee will have voted to hand unilateral subpoena power to Chairman Jerry Nadler with respect to the Mueller report, and Nadler can be expected to put it to good use almost immediately.
As Palmer Report has spent the past week cautioning, subpoenas aren’t magic wands; they don’t produce immediate or automatic results, which is why the House Democrats didn’t simply start firing them off willy nilly the minute the illegitimate Barr summary was published. Like any sophisticated weapon, the use of the subpoena process has to be handled smartly and strategically in order to get the intended result. For instance, simply subpoenaing the Mueller report, while taking no other action, could set up a lengthy court battle while a judge tries to decide how much of the report should be in the public purview. Nadler has to be smarter in his approach, and he will be.
Nadler has several possible avenues for his subpoenas. He can subpoena the report itself. He can subpoena William Barr to testify about how he took a multi-hundred page report and “summarized” it into four cartoonishly pro-Trump pages. He can subpoena Robert Mueller to testify about his report, and then try to fight off Barr’s inevitable attempt at muzzling Mueller. He can try to subpoena materials from Mueller’s grand jury. The list goes on. The question is how he’ll choose to combine these tactics, and potentially others, into a cohesive strategy which will ensure that the law – and the court of public opinion – remain strongly on his side as Barr tries to fight him every step of the way.
Within hours, we’ll see what Jerry Nadler and his fellow House Democrats have up their sleeve. For now, the most telling sign we have is that Donald Trump is falling to pieces while he waits to find out what’s about to happen to him. Trump isn’t coming off like a guy who’s expecting today to go well for him. We think today will end up being a crucial day in his inevitable downfall.
Bill Palmer is the publisher of the political news outlet Palmer Report