White House Blocks Fauci From Testifying Before House Committee.
CABRERA: After the White House blocked the nation's top infectious disease expert from testifying before House lawmakers next week on the coronavirus response, we're now learning Dr. Anthony Fauci will appear before the Senate Health Education Labor and Pensions Committee on May 12th. This is according to an aide to Chairman and Sen. Lamar Alexander. Let's get to CNN Legal Analyst Elie Honig for our weekly cross exam segment. And Elie, one viewer wants to know what can Congress do when a witness refuses to testify or the White House orders a witness not to testify.</s>ELIE HONIG, CNN LEGAL ANALYST: So ordinarily, Congress has the subpoena power. Now, subpoenas, of course, are supposed to be mandatory. They require a person to produce evidence or testimony. However, this administration time and again has simply defied Congress, in particular, the democratically controlled House of Representatives. We saw it with Muller. We saw it with impeachment and now we're starting to see it with coronavirus and Dr. Fauci. Now, interestingly, this very issue is in front of the federal courts right now. It's the Don McGahn case. And the question there is will the courts forced the executive branch to comply with a subpoena from Congress or the House? Now, the Court of Appeals in D.C. initially answered that question, no. They said this is a political battle. It's between Congress and the White House. We will not get involved. But then the Court of Appeals took a really unusual move and said, we're actually going to rehear that case and they heard new argument just a few days ago on Tuesday, they should be ruling soon and that case could end up in the Supreme Court. Ultimately on this case has enormous implications for congressional oversight as we could see with Dr. Fauci. And this will determine whether Congress really and truly can get answers and accountability from the executive branch.</s>CABRERA: So we will be watching closely to what happens on Tuesday. Meantime, this past Wednesday, President Trump threatened to withhold federal funds from cities that limit cooperation between local law enforcement and federal immigration authorities often referred to as sanctuary cities. And so when viewer asks, "Can the President legally withhold federal coronavirus relief funds from states that allow sanctuary cities?"</s>HONIG: So, Ana, it's tough talk from the President, but it's really an empty threat. Now, federal funds can come with strings attached. The federal government can say to the States, we'll give you this money but only if you adopt a certain policy that we like. But there has to be some relationship, some connection between the federal money and the policy. Now, the leading case on this is from 1987, where the federal government said we're going to hold back federal highway funding unless you, States, raise your legal drinking age to 21. And the Supreme Court said that's completely fine, because there's an obvious connection between highway safety on the one hand the funds and raising the drinking age on the other hand. But here, however, there is absolutely no relationship, no connection between coronavirus relief funds and immigration policy or sanctuary cities. So, Ana, if the President follows through here, I think it's very unlikely to stand up in court.</s>CABRERA: Now Michael Flynn was back in the news this week. Lawyers for the President's former National Security Advisor made public a note from then counterintelligence director at the FBI, they'll pre step, and Flynn's lawyer say this note is proof the FBI set Flynn up to lie in a 2017 interview about conversations with Russia. So here's our viewer question. "Will the new information about the FBI's investigation of Michael Flynn lead to his exoneration?"</s>HONIG: So, Ana, the new information does not truly exonerate Michael Flynn. Viewers will remember Michael Flynn pled guilty as part of the Mueller case to lying to the FBI about his contacts with Russia. Now, that new note you talked about came out this week. The President said that that note is total exoneration from Michael Flynn, but not really. It's not really the case. Nobody disputes that Michael Flynn lied to the FBI. The new notes do not change that at all. What the notes do show is the FBI thought it was possible and maybe even probable that Michael Flynn would lie when they interviewed him and they are strategizing what do we do. I've been in that situation. There is nothing unlawful about doing that, about interviewing somebody who think might lie to you and planning what do we do if he does. Now, with that said, the Attorney General has offered a review, a full review of the Flynn case. It is possible we see the Justice Department go in and make the very unusual move of asking the judge to undo Flynn's plea. I think that would be wrong, but it could happen. And, of course, the President always has the pardon power. He's talked about it. He seems to be leaning that way, but he hasn't actually pardon Flynn yet. We'll be watching that really carefully.</s>CABRERA: Oh, indeed. All right. Thank you, as always, Elie Honig. Good to have you here.</s>HONIG: Thanks, Ana.</s>CABRERA: You can submit your own questions at cnn.com/opinion. And just a quick programming note, join CNN's Jake Tapper as he investigates what really happened during the U.S. fight against COVID- 19. CNN SPECIAL REPORT THE PANDEMIC & THE PRESIDENT airs tomorrow night at 10 here on CNN. That does it for me this evening. I'm Ana Cabrera. Thank you so much for joining me. My colleague, Wolf Blitzer, picks up our coverage of the coronavirus pandemic with a special edition of THE SITUATION ROOM after a quick break. Good night.