Donald Trump "failed to comply" Monday with a congressional committee regarding its subpoena for his testimony and documents related to the deadly Jan. 6, 2021 insurrection at the U.S. Capitol building.
"Former President Trump has refused to comply with the Select Committee's subpoena requiring him to appear for a deposition," tweeted the committee. "His attorneys have made no attempt to negotiate an appearance, and his lawsuit parades out many of the same arguments that courts have rejected repeatedly."
The committee has held witnesses in contempt of Congress in the past for defying the panel's subpoenas and is not ruling out doing the same with Trump, even though it has little ability to force compliance with the subpoena quickly through the court system.
"In the days ahead, the committee will evaluate next steps in the litigation and regarding the former President's noncompliance," Democratic Rep. Bennie Thompson and Republican Rep. Liz Cheney, who serve as chair and vice chair of the committee, respectively, said in a joint statement.
In an interview with the New York Times, Thompson said he would not rule out seeking contempt of Congress charges against Trump.
"That could be an option. And we'll have to wait and see," he said. "The first thing we'll do is see how we address the lawsuit. At some point after that, we'll decide the path forward."
Trump sued the committee to block the subpoena on Nov. 11, saying it intruded on executive privilege and that he should be immune from testimony, even though he left office nearly two years ago.
The suit makes it highly unlikely that the former president will testify, given that the Jan. 6 committee is set to dissolve at the end of its Congressional term in January.
If Republicans continue on their path to take control of the U.S. House of Representatives -- as results from the midterm elections continue to be counted -- it is all but certain the predicted Republican majority in Congress will not go forward with the inquiry.
"The truth is that Donald Trump, like several of his closest allies, is hiding from the Select Committee's investigation and refusing to do what more than a thousand other witnesses have done," Thompson and Cheney added.
"Donald Trump orchestrated a scheme to overturn a presidential election and block the transfer of power. He is obligated to provide answers to the American people."
