The subpoenas that House Judiciary Committee Chairman Jerry Nadler issued Tuesday represent a miscalculation at best, a former deputy independent counsel for Ken Starr said Tuesday evening on Fox News' "The Ingraham Angle."
“I just think that Nadler doesn’t know exactly what to do,” Solomon Wisenberg told host Laura Ingraham, referring to the subpoenaing of former White House Communications Director Hope Hicks and former White House deputy counsel Annie Donaldson. The latest subpoenas came after former White House counsel Don McGhan defied his subpoena, opting not to appear at Tuesday's Judiciary Committee hearing.
“I mean, I think they’ve terribly misplayed their hand here," Wisenberg said, referring to House Democrats. "These battles – these checks-and-balances battles – have gone on throughout the history of the republic."
Wisenberg explained that Congress has the right to subpoena and, in most cases, the president can invoke executive privilege in order to prevent a member of his administration from testifying before lawmakers.
A previous subpoena issued to Attorney General William Barr was “improper” and "demagogic,” Wisenberg said, adding that there is a “statute” covering the subpoena sent to Treasury Secretary Steve Mnuchin.
“It says Congress can do this. Congress can go to the IRS and say, ‘Give us a tax return,’” Wisenberg said.
“You’ve got to tell me if you’re talking to me about something, what’s the particular thing you’re subpoenaing the person for? What are you trying to do and what are they claiming. That doesn’t lend itself easily to gross generalizations,” he added.