The withdrawal from Afghanistan has been condemned by Democrats and Republicans alike. Given the loss of lives and equipment (as well as the impact on U.S. standing), there could not be more obvious subject matter for congressional inquiry.

The question is whether Blinken and the Administration really want to test this in court. Attorney General Merrick Garland would likely decline to prosecute Blinken for contempt (despite his green lighting such prosecutions against former Trump officials), but the Congress could go to court to compel production.

The Biden Administration has racked up an impressive line of losses in court. It has already succeeded in looking like it wants to hide the document. If it is classified, it can be handled in a classified setting, but it should be produced rather than trigger a new fight over the separation of powers.

[I’m not so sure. There are no consequences for a congressional contempt citation if the Department of Justice refuses to prosecute, as Turley notes. We found that out during the Obama administration when the House held Eric Holder in contempt for refusing to comply with a subpoena in the Fast and Furious investigation. The House could sue, but that’s a slow path and courts may slow enough for this not to matter much in terms of consequences either. Even when they lose, it wouldn’t really break much new ground in precedent, so all of the incentives are set for stonewalling. — Ed]