Indeed. And apropos our discussion last week,
Finally, a congressional investigation into “illegal conduct before and during [the President’s] tenure in office,” Cummings’ April 12th Mem. at 4, fits comfortably within the broad scope of Congress’s investigative powers. At a minimum, such an investigation is justified based on Congress’s “informing function,” that is, its power “to inquire into and publicize corruption,” Watkins, 354 U.S. at 200 n.33.24 It is simply not fathomable that a Constitution that grants Congress the power to remove a President for reasons including criminal behavior would deny Congress the power to investigate him for unlawful conduct—past or present—even without formally opening an impeachment inquiry. On this score, history provides a useful guide. Cf. Tobin v. United States, 306 F.2d 270, 275–76 (D.C. Cir. 1962) (relying on historical practice to determine the scope of a congressional investigation). Twice in the last 50 years Congress has investigated a sitting President for alleged law violations, before initiating impeachment proceedings. It did so in 1973 by establishing the Senate Select Committee on Presidential Campaign Activities, better known as the Watergate Committee, and then did so again in 1995 by establishing the Special Committee to Investigate Whitewater Development Corporation and Related Matters. See S. Res. 60 (93rd Cong., 1st Session) (Feb. 7, 1973) [hereinafter Watergate Res.]; see also S. Res. 120 (104th Cong., 1st Session) (May 17, 1995). The former investigation included within its scope potential corruption by President Nixon while in office, while the latter concerned alleged illegal misconduct by President Clinton before his time in office. Congress plainly views itself as having sweeping authority to investigate illegal conduct of a President, before and after taking office. This court is not prepared to roll back the tide of history.
Memorandum opinion at 23-24. Bold and underline added; italics in original.
Pretty much puts the kibosh on any suggestion that Congress must be sitting in a formal impeachment inquiry for subpoenas like this to be valid, n’est-ce pas?
Doesn’t appear the judge bought that argument.