PBS: Patrick Philbin, a member of President Donald Trump's legal team, argued in the Senate impeachment trial that the subpoenas issued by House committees during the impeachment probe were invalid because the full House never voted to give them that authority. Philbin spoke in response to questions from Republican senators on Wednesday, Jan. 29.
Question from Sen. Grassley (R-Iowa): "Does the Houses' failure to enforce its subpoenas render its quote, obstruction of Congress, theory unprecedented?"
"The answer is yes," Philbin answered. "As far as I am aware there has never been a prior instance in which there has been an attempt even in the House as in the Nixon proceeding, nevermind in the Clinton proceeding, which actually left the House and came to the Senate to suggest that there can be obstruction of Congress when there hasn't been anything beyond simply issuing a subpoena, getting resistance and then throwing up your hands and giving up and saying that is obstruction."
Philbin on invalid subpoena authority by the House Committees: