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1/ Because it’s now relevant, I’ll expand on a point I made on today’s #OnTopic podcast—a very plausible reason why Republicans don’t want to subpoena Mark Judge is because he could take the Fifth.
Now that there will be a FBI investigation, Judge could refuse to be interviewed.
Now that there will be a FBI investigation, Judge could refuse to be interviewed.
2/ If Judge does refuse to be interviewed, that would be noted in the FBI report memorializing his interview or would otherwise be noted in the investigative file.
The Senate could still subpoena him (if Republicans vote to do so) but he could take the Fifth if they do.
The Senate could still subpoena him (if Republicans vote to do so) but he could take the Fifth if they do.
3/ Because an obvious implication of a refusal to be interviewed is that Judge is concerned about incriminating himself, his attorney likely will give an alternate reason (or no reason) for refusing the interview. It would be up to the Senate Judiciary Committee to follow up.
4/ Judge could also be given immunity, which would permit him to be compelled to testify. But that presupposes that the Senate would issue a subpoena to compel him in the first place.
Another possible outcome is that a criminal investigation results in a subpoena down the line.
Another possible outcome is that a criminal investigation results in a subpoena down the line.
5/ It’s unclear how confidential the FBI reports would be, given that they would be shared with the Committee and staff. Perhaps Judge or his lawyer will use that as a reason not to be interviewed.
If he is interviewed, that would be a key part of the FBI investigation. /end
If he is interviewed, that would be a key part of the FBI investigation. /end
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