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Vice Chair Liz Cheney, R-Wyo., speaks as the House select committee investigating the Jan. 6 attack on the U.S. Capitol, holds a hearing on Capitol Hill in Washington, Oct. 13, 2022. (AP Photo/J. Scott Applewhite, File)
HOPE YEN Associated Press
Published: 23 October 2022

WASHINGTON (AP) — Raising the stakes on its extraordinary subpoena to Donald Trump, the House committee investigating the Capitol riot indicated Sunday it would not consider letting the former president testify live on television about the direct role that congressional investigators say he played in trying to overturn the 2020 election.

The committee is demanding Trump’s testimony under oath next month as well as records relevant to its investigation. To avoid a complicated and protracted legal battle, Trump reportedly had told associates he might consider complying with the subpoena if he could answer questions during live testimony.

But Rep. Liz Cheney, the committee's vice chair, on Sunday rejected the possibility. She said the committee, which makes its major decisions with unanimous consent, would not allow Trump's testimony to turn into a “food fight” on TV and she warned that the committee will take action if he does not comply with the subpoena.

“We are going to proceed in terms of the questioning of the former president under oath," Cheney, R-Wyo., said on “Meet the Press” on NBC. “It may take multiple days, and it will be done with a level of rigor and discipline and seriousness that it deserves. We are not going to allow — he’s not going to turn this into a circus.”

“We have many, many alternatives that we will consider if the former president decides he is not going to comply with his legal obligation, a legal obligation every American citizen has to comply with a subpoena," she said.

It is unclear how Trump and his legal team will ultimately respond. He could comply or negotiate with the committee, announce he will defy the subpoena or ignore it altogether. He could go to court and try to stop it.

Still, there remains little legal advantage for Trump to cooperate with the committee at a time when he faces other legal battles in various jurisdictions, including over his family business in New York and the handling of presidential recordsat his Mar-a-Lago estate in Florida.

It’s possible his lawyers could simply run out the clock on the subpoena if they go to court to try to squash it as the committee of two Republicans and seven Democrats is required to finish its work by the end of the year.

Cheney, in the television interview, made her position clear that Trump had committed “multiple criminal offenses” and should be prosecuted. She cited his repeated efforts as outlined by the Jan. 6 committee to undermine democracy by denying his election loss to Democrat Joe Biden and by spurring his supporters in the violent attack on the Capitol.

“We’ve been very clear about a number of different criminal offenses that are likely at issue here,” Cheney said. “If the Department of Justice determines that they have the evidence that we believe is there and they make a decision not to prosecute, I think that really calls into question whether or not we’re a nation of laws.”

Cheney, who lost in Wyoming's August primary after becoming Trump's fiercest GOP critic, expressed dismay over the number of Republican candidates in the Nov. 8 midterms who deny the legitimacy of the 2020 election. She acknowledged that the Jan. 6 committee's investigation will be permanently ended in January if Republicans retake control of the House.

While saying it may take “a couple of election cycles,” Cheney insisted the Republican Party can find its way back as a defender of democracy and the Constitution, as she put it. She pointed to the 2024 presidential campaign as a pivotal moment.

“I think that the party has either got to come back from where we are right now, which is a very dangerous, toxic place, or the party will splinter and there will be a new conservative party that rises,” she said. “And if Donald Trump is the nominee of the Republican Party, the party will shatter and there will be a conservative party that rises in its place.”

She said Trump has shown "his willingness to use force to attempt to stop the peaceful transition of power. And there are simply many, many millions more Americans who, despite any party affiliation, understand how dangerous that is.”

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