While legal experts agree that that Republicans are well within their rights to ask questions, the lawmakers are limited by the need to prove a legitimate legislative function for any inquiry. GOP vowed to grill Bragg on Trump, but it's not so simple:
House Speaker Kevin McCarthy speaks to the press on Capitol Hill in Washington, on March 30, 2023.
Bragg has taken a slightly different stance. While chastising the Republicans for attempting to interfere in a local prosecution, his office has tacitly acknowledged that Congress has a legitimate oversight role to play in the matter.Bragg’s general counsel has offered to enter into discussions and provided documents detailing the federal funding the office has received.
The congressmen have demanded that Bragg provide them with communications, documents and testimony about his inquiry into Trump, but committee lawyers know that actually getting Bragg to testify is not as simple as firing off a subpoena. Any such effort is likely to get bogged down in legal fights for longer than a two-year congressional term, said Christopher J. Armstrong, who was the chief oversight counsel for Republicans on the Senate Finance Committee.
The Republicans are also researching precedent to strengthen the case for a subpoena of state-level officials, including how the House committee investigating the Jan. 6, 2021, attack on the Capitol scrutinized state officials and how the House Science Committee did so under Rep. Lamar Smith, R-Texas.
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