Democrats Irate Over Upton 'Cheap Power Grab' on Subpoena Powers
House Commerce Committee Chairman Fred Upton, R-Mich., enhanced his subpoena powers Tuesday at his committee’s organizational meeting, causing an uproar from Democrats who opposed the rule change. Upton wants “efficient subpoena authority,” in line with other top investigatory committees, he…
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said, citing a change to rule 16. “The Chair shall notify the ranking minority member prior to issuing any subpoena under such authority,” the new rule text said. “To the extent practicable, the Chair shall consult with the ranking minority member at least 72 hours in advance of a subpoena being issued under such authority. The chairman shall report to the members of the Committee on the issuance of a subpoena as soon as practicable but in no event later than one week after issuance of such subpoena.” Ranking member Frank Pallone, D-N.J., worried about the change’s “huge potential for the abuse of power,” saying it set a “terrible precedent” for Commerce. Upton insisted he would work with Democrats and said a subpoena is the last resort. Upton said he already "substantially" modified the rule to comply with concerns from Pallone, who still opposed the rule. Lawmakers argued about how Commerce issued no subpoenas last Congress, with Democrats questioning why a change was necessary if there was no trouble before. “The rule change supports congressional oversight,” countered Commerce Oversight Subcommittee Chairman Tim Murphy, R-Pa., saying it’s necessary in determining which federal programs work and which ones don’t. He slammed “a very slow walk from some agencies.” Rep. Bobby Rush, D-Ill., derided the change as a “cheap power grab.” Communications Subcommittee ranking member Anna Eshoo, D-Calif., said she would “rather have us be partners” and said the change seemed contrary to Upton’s pledge for an open, fair process in his opening statement. The rules change was approved in a divided vote.