Mr. CONYERS. Thank you so much.
Thank you, Mr. McNulty, for your candor and your being present
here.
Let me just get this out of the way. You know, both the House
and the Senate Judiciary Committees have issued subpoenas to the
White House, and several former White House officials, for documents
and testimony in the controversy that is before us. And we
are still hopeful that they may cooperate. But it is possible that enforcement
action may need to be taken.
What is the policy of the Department of Justice with respect to
United States attorneys helping to enforce such congressional subpoenas?Mr. MCNULTY. Well, first of all, on a question of the document
production and providing things to the Congress, I am recused on
that matter. So I don’t have any involvement or knowledge of
where things stand, as to what has been provided or not provided.
And as to your question about the policy of the department with
regard to enforcement, I don’t want to respond off the top of my
head. I would have——
Mr. CONYERS. Let me help you. Would you help us bring charges
of criminal contempt if these subpoenas are resisted? Because that
may likely be the next step. Hoping that we don’t have to do that.Mr. MCNULTY. Well, I would have to say that my recusal on this
question would extend to the question of how subpoenas are enforced
or not enforced. So I would not be involved in that question.
Mr. CONYERS. Well, do you know——
Mr. MCNULTY. I am recused because the documents, in part, are
documents that can come from the Deputy Attorney General’s Office.
And so, all officials who are leading offices where documents——
Mr. CONYERS. But we are not talking about you weighing the
credibility of the documents or the witnesses. We are just talking
about us having to bring criminal charges if our subpoena isn’t
obeyed.
We don’t want you to become a member of the Federal court yet.
We just want you to do what the Department of Justice ought to
be doing.Mr. MCNULTY. Well, Mr. Chairman, I hear your question in, sort
of, two parts. First, I hear, sort of, a general question about enforcement
of subpoenas. And then, secondly, I hear you asking
about enforcement of particular subpoenas that be associated with
these documents that you are seeking.
Mr. CONYERS. Are you interested in either one?
Mr. MCNULTY. As to the second question, that is where I say my
recusal would clearly extend. I would not be involved in a question
of whether or not the subpoenas are to be enforced or not enforced.
And as to the first, I said I wanted to be careful before I speculated
as to what a policy is, because I am not sure I could articulate
a clear policy just sitting here right at the moment.
http://judiciary.house.gov/media/pdfs/printers/110th/36176.pdf