be had to others who do possess it. Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain what is needed."); Eastland v. United States Servicemen's Fund, 421 U.S. 491 (1975) (the subpoena power may be exercised by a committee acting, as here, on behalf of one of the Houses"); Committee on the Judiciary v. Miers, 558 F. Supp. 2d 84 (D.D.C. 2008) ("In short, there can be no question that Congress has a right-derived from its Article I legislative function-to issue and enforce subpoenas, and a corresponding right to the information that is the subject of such subpoenas. ... Congress's power of inquiry is as broad as its power to legislate and lies at the very heart of Congress's constitutional role. Indeed, the former is necessary to the proper exercise of the latter: according to the Supreme Court, the ability to compel testimony is necessary to the effective functioning of courts and legislatures.") (citation omitted).
11 U.S. Const. Art. I, § 5, cl. 2.
12 Watkins v. United States, 354 U.S. 178 (1957).
13 See Committee on the Judiciary v. Miers, 558 F. Supp. 2d 84 (D.D.C. 2008) ("Thus, federal precedent dating back as far as 1807 contemplates that even the Executive is bound to comply with duly issued subpoenas.").
14 Committee on the Judiciary v. McGahn, Case No. 1:19-cv-02379, Memorandum Opinion, Doc. No. 46 (D.D.C. Nov. 25, 2019). As of this report, an appeal is pending in the D.C. Circuit. No. 19-5331 (D.C. Cir.).
15 18 U.S.C. § 1505.
16 18 U.S.C. § 1001 (also prohibiting making "any materially false, fictitious, or fraudulent statement or representation" or making or using "any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry" in connection with a Congressional investigation).
17 18 U.S.C. § 1512(b); See also 18 U.S.C. § 1515(a) (defining "official proceeding" to include "a proceeding before the Congress").
18 18 U.S.C. § 1512(d).
19 See, e.g., 5 U.S.C. § 2302; 10 U.S.C. § 1034; P.L. 113-126.
20 P.L. 116-6, § 713 ("No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who ... prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee.").
21 House Committee on the Judiciary, Impeachment of Richard M. Nixon, President of the United States, 93rd Cong. (1974) (H. Rep. 93-1305).
22 House Committee on the Judiciary, Impeachment of William Jefferson Clinton, President of the United States, 105th Cong. (1998) (H. Rep. 105-830).
23 The White House, The President's Remarks Announcing Developments and Procedures to be Followed in Connection with the Investigation (Apr. 17, 1973). President Nixon initially stated that members of his "personal staff" would "decline a request for a formal appearance before a committee of the Congress," but reversed course approximately one month later. The White House, Statement by the President, Executive Privilege (Mar. 12, 1973).
24 See, e.g., Senate Select Committee on Presidential Campaign Activities, Testimony of John Dean, Watergate and Related Activities, Phase I: Watergate Investigation, 93rd Cong. (June 25, 1973); Senate Select Committee on Presidential Campaign Activities, Testimony of H.R. Haldeman, Watergate and Related Activities, Phase I: Watergate Investigation, 93rd Cong. (July 30, 1973); Senate Select Committee on Presidential Campaign Activities, Testimony of Alexander Butterfield, Watergate and Related Activities, Phase I: Watergate Investigation, 93rd Cong. (July 16, 1973); Senate Select Committee on Presidential Campaign Activities, Testimony of John Ehrlichman, Watergate and Related Activities, Phase I: Watergate Investigation, 93rd Cong. (July 24, 1973).
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