Sec. 402. Findings
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The Congress finds as follows: As the Supreme Court of the United States has repeatedly affirmed, including in its July 9, 2020, holding in Trump v. Mazars, Congress’s power of inquiry—with process to enforce it—is an essential and appropriate auxiliary to the legislative function . Congress’s power to obtain information, including through the issuance of subpoenas and the enforcement of such subpoenas, is broad and indispensable . Congress suffers a concrete and particularized injury when denied the opportunity to obtain information necessary to the exercise of its constitutional functions, as the United States Court of Appeals for the District of Columbia Circuit correctly recognized in its August 7, 2020, en banc decision in Committee on the Judiciary of the U.S.
House of Representatives v. McGahn. Accordingly, the Constitution of the United States secures to each House of Congress an inherent right to enforce its subpoenas in court. Explicit statutory authorization is not required to secure such a right of action, and the contrary holding by a divided panel of the United States Court of Appeals for the District of Columbia Circuit in McGahn, entered on August 31, 2020, was in error.