Judicial Watch, Inc. v. Schiff, No. 20-5270 (D.C. Cir. 2021)Annotate this Case
Judicial Watch sued the House Permanent Select Committee on Intelligence and its chairman Adam B. Schiff, seeking disclosure of all subpoenas issued to any telecommunications provider as a part of the Committee’s 2019 Trump-Ukraine impeachment inquiry and the responses to those subpoenas.
The D.C. Circuit affirmed the dismissal of the suit. The Speech or Debate Clause of the U.S. Constitution bars the suit, providing that “for any Speech or Debate in either House, [Senators and Representatives] shall not be questioned in any other Place.” The Committee’s issuance of subpoenas, whether as part of an oversight investigation or impeachment inquiry, was a legislative act protected by the Speech or Debate Clause. “The wisdom of congressional approach or methodology is not open to judicial veto.” “Nor is the legitimacy of a congressional inquiry to be defined by what it produces.”