Grassley Unlikely to Pursue Subpoena on Communications About LightSquared

A subpoena to force LightSquared and the FCC to turn over communications about the company isn’t preferable for Senate Judiciary Committee Ranking Member Chuck Grassley, R-Iowa, though there are several ways to do so, his spokeswoman said. Grassley is unlikely to get help from the committee’s chairman, Sen. Patrick Leahy, D-Vt., in accessing the communications, said a former aide to that committee. Grassley could partner with House Republicans to force the FCC’s or LightSquared’s hands in providing the information, said the ex-aide.

The FCC and LightSquared have both rebuffed Grassley’s efforts to see the communications. The company declined the request because it’s worried the communications would be taken out of context (CD Oct 21 p14), while the FCC said it didn’t have to provide the documents because the agency isn’t within the Judiciary Committee’s jurisdiction (CD July 28 p9). The fight over LightSquared interference with GPS services has grown increasingly political as several lawmakers have alleged undue favor within the FCC and White House due to LightSquared executives’ donations to Democrats.

A subpoena from the Senate Judiciary Committee would require a vote from the full committee, though “we've had no communications about this with the chairman’s staff,” Grassley’s spokeswoman said of Leahy’s office. “Sen. Grassley has always tried to conduct his inquiries without having to pursue subpoenas,” she said. “It ramps things up if people don’t comply and just elevates things. Generally, people have provided requested information, so a subpoena hasn’t been a necessary option.” Leahy and the FCC didn’t comment.

The minority on the Senate Judiciary Committee is somewhat limited in its ability to issue subpoenas, said the former aide to the committee. Sometimes the minority will work with the majority on developing bipartisan subpoenas, though that’s less likely on politically sensitive issues, said the former staffer. It isn’t unusual for agencies not to comply with congressional document requests that don’t come from committees with direct oversight, the person said. Other means are sometimes used to compel agencies to provide requested documents, including denials of agency funding requests and blocking nominees, said the aide. Grassley could also file a Freedom of Information Act request with the FCC, though as a member of a minority, it likely wouldn’t get expedited treatment from the agency, the person said.

The House and Senate Judiciary Committees’ subpoena ability on the LightSquared issue are limited because they don’t have direct authority over the FCC, said the ex-staffer. House Judiciary Committee Chairman Lamar Smith, R-Texas, and Ranking Member John Conyers, D-Mich., didn’t comment. While a “tenuous” argument could be made that the committee does have some jurisdiction as related to the national security issues, a more likely route would be to partner with a House Republican with broader oversight powers, said the former staffer. For instance, Grassley could work with House Oversight Committee Chairman Darrell Issa, R-Calif., who has a very broad jurisdiction, as they recently did in subpoenaing the Justice Department to testify on Fast and Furious, a controversial gun-smuggling sting operation, said the former staffer. Issa didn’t comment, but recently said his committee will have a broad investigation about White House influence in controversies over LightSquared and Solyndra, a bankrupt solar energy company (CD Sept 21 p16).

LightSquared’s decision not to comply with Grassley’s request is risky, though also not unusual, said the ex-aide. The denial can lead to an elevation of a more formal process, increasing public interest and criticism on the issue, said the former aide. LightSquared didn’t comment.