---
[ LOS ANGELES ](https://www.citywatchla.com/los-angeles)
# Law Professor's Advice: Arrest Rudy Giuliani
October 14 2019
Written by Eoin Higgins.
[](https://www.addtoany.com/share)
“**I THINK HE’S STILL MY PERSONAL LAWYER’**--Rudy Giuliani speaks to members of the media during a White House Sports and Fitness Day at the South Lawn of the White House May 30, 2018 in Washington, D.C. (Photo: Alex Wong/Getty Images)
Faced with an intransigent White House unwilling to cooperate with an impeachment inquiry into President Donald Trump's pressuring of the Ukrainian government to investigate his political rival former Vice President Joe Biden, the House should take aggressive action including arresting Rudy Giuliani, a law professor argues in a column for *The New York Times* Thursday.
"If necessary, the House should be willing to have these fights."
—Josh Chafetz, law professor
"The answer is unlikely to be found in a courtroom," [writes](https://www.nytimes.com/2019/10/10/opinion/impeachment-contempt-congress.html) law professor Josh Chafetz.
The White House has repeatedly refused to answer subpoenas and on Tuesday afternoon, as *Common Dreams* [reported](https://www.commondreams.org/news/2019/10/08/seriously-folks-actually-constitutional-crisis-trump-tells-congress-white-house-wont), announced in an eight page letter that the administration will flatly refuse to cooperate in the inquiry, a move that could set up a constitutional crisis.
"There is no legal basis for Trump's position," *NBC* analyst Katie Phang [said](https://twitter.com/KatiePhang/status/1181680045762498565) on Twitter Tuesday. "Hard stop."
House Democrats need to think outside the box, Chafetz argues.
"The House should instead put back on the table the option of using its sergeant-at-arms to arrest contemnors—as the person in violation of the order is called—especially when an individual, like Rudy Giuliani, is not an executive branch official," Chaftez writes.
Chafetz acknowledges that the move was extreme but said that the net benefits of taking things to that level would outweigh the possible negatives of such an action and allow for the House to open the door to other punitive actions seen as less radical.
"The House arresting someone would be explosive and clearly should not be undertaken lightly," says Chafetz. "But the very explosiveness of it would be a way for the House to signal the seriousness of White House obstructionism to the public."
On Thursday, *Common Dreams* [reported](https://www.commondreams.org/news/2019/10/10/two-giuliani-clients-who-helped-investigate-biden-arrested-campaign-finance-charges) that two associates of Giuliani's were arrested for campaign finance violations due to their contributions to Trump in 2016 and 2018.
A number of legal observers endorsed the theoretical framing of Chafetz's piece while urging readers to manage expectations.
"The idea of doing nothing, and letting congressional subpoenas become voluntary, is likely far more dangerous in the long run."
—Seth Masket, University of Denver
"An aggressive strategy might work in Congress's favor, or it might backfire," [tweeted](https://twitter.com/jennifernvictor/status/1182256621789044736) George Mason University political science professor Jennifer N. Victory. "We cannot underestimate the importance of public reaction for providing legitimacy to government actions when we're in uncharted water."
University of Denver professor Seth Masket [said](https://twitter.com/smotus/status/1182299136797941766) he saw the logic in that but inaction could prove more costly.
"Agreed that this is a risky strategy, but the idea of doing nothing, and letting congressional subpoenas become voluntary, is likely far more dangerous in the long run," said Masket.
In his conclusion, Chafetz recognizes the pitfalls of an aggressive approach, but posits that taking such an action is necessary given the administration's behavior.
"In the end, whether the House wins that fight, like whether it wins a fight over arresting a contemnor, would be a function of which side best convinces the public," writes Chafetz. "But President Trump is [deeply unpopular](https://projects.fivethirtyeight.com/trump-approval-ratings/?ex_cid=rrpromo), and the public [supports impeachment](https://fivethirtyeight.com/features/do-americans-support-impeaching-president-trump/?ex_cid=rrpromo). If necessary, the House should be willing to have these fights."
*(Eoin Higgins writes for Common Dreams … where this piece originated.)*
*-cw*
[  ](https://www.citywatchla.com/component/banners/click/107 "LA DWP | Save $4K, Green | Priority Ad")
[  ](https://www.citywatchla.com/component/banners/click/98 "Donna Tryfman - HS1-1")
[  ](https://www.citywatchla.com/component/banners/click/82 "LA DWP #2 (Power Savers)")
[  ](https://www.citywatchla.com/component/banners/click/111 "David DeJute Campaign")
[  ](https://www.citywatchla.com/component/banners/click/97 "Home - LA DWP #2 (Pay Water Bill Help)")
[  ](https://www.citywatchla.com/component/banners/click/112 "Anna Reitano Vertical R. Col")
## Get The News In Your Email Inbox Mondays & Thursdays
Last Name
[  ](https://www.citywatchla.com/component/banners/click/110 "Something You Should Know")
[  ](https://www.citywatchla.com/component/banners/click/113 "Rhonda Haymon campaign")
---
## Featured CityWatch Stories
[  ](https://www.citywatchla.com/los-angeles/33444-lahsa-is-gone-but-the-homeless-industrial-complex-lives-on)
### [LAHSA Is Gone, but the Homeless-Industrial-Complex Lives On](https://www.citywatchla.com/los-angeles/33444-lahsa-is-gone-but-the-homeless-industrial-complex-lives-on)
HOMELESSNESS - Los Angeles’s homelessness program is in complete disarray, undermined by systemic gridlock, structural…
[  ](https://www.citywatchla.com/housing/33413-with-national-implications-corporate-landlords-take-aim-at-three-pro-rent-control-campaigns-in-california)
### [With National Implications, Corporate Landlords Take Aim at Three Pro-Rent Control Campaigns in California](https://www.citywatchla.com/housing/33413-with-national-implications-corporate-landlords-take-aim-at-three-pro-rent-control-campaigns-in-california)
HOUSING IS A HUMAN RIGHT - Corporate landlords and their high-powered lobbying group, the California Apartment Associat…
[  ](https://www.citywatchla.com/neighborhood-politics/33434-karen-bass-trails-in-reelection-race-can-she-turn-it-around)
### [Karen Bass Trails in Reelection Race — Can She Turn It Around?](https://www.citywatchla.com/neighborhood-politics/33434-karen-bass-trails-in-reelection-race-can-she-turn-it-around)
WESTSIDE - As of September 27, 2026, Karen Bass is in a substantially weaker position than she was entering the June pr…
[  ](https://www.citywatchla.com/finance/33442-the-settlement-bill-nobody-is-managing-inside-los-angeles-countys-sheriff-litigation-tab)
### [The Settlement Bill Nobody Is Managing — Inside Los Angeles County's Sheriff Litigation Tab](https://www.citywatchla.com/finance/33442-the-settlement-bill-nobody-is-managing-inside-los-angeles-countys-sheriff-litigation-tab)
THE NAVARRO REPORT - Last month, the Los Angeles County Board of Supervisors approved a $12.5 million settlement over t…
[  ](https://www.citywatchla.com/voices/33431-the-unflinching-daily-horror-in-the-west-bank)
### [The Unflinching Daily Horror In The West Bank](https://www.citywatchla.com/voices/33431-the-unflinching-daily-horror-in-the-west-bank)
THE WEST BANK - More often than not, I find myself at a loss for words to convey Israel’s genocide in Gaza and the rele…
---
## [ LOS ANGELES ](https://www.citywatchla.com/los-angeles)
[  ](https://www.citywatchla.com/los-angeles/33432-hollywood-the-fate-of-the-film-biz)### [Hollywood: The Fate of the Film Biz](https://www.citywatchla.com/los-angeles/33432-hollywood-the-fate-of-the-film-biz)
[  ](https://www.citywatchla.com/los-angeles/33435-before-los-angeles-gives-street-lighting-more-money-turn-on-the-lights)### [Before Los Angeles Gives Street Lighting More Money, Turn On the Lights](https://www.citywatchla.com/los-angeles/33435-before-los-angeles-gives-street-lighting-more-money-turn-on-the-lights)
[  ](https://www.citywatchla.com/los-angeles/33438-karen-bass-is-right-the-olympics-must-belong-to-los-angeles-not-just-come-to-los-angeles)### [Karen Bass Is Right: The Olympics Must Belong to Los Angeles — Not Just Come to Los Angeles](https://www.citywatchla.com/los-angeles/33438-karen-bass-is-right-the-olympics-must-belong-to-los-angeles-not-just-come-to-los-angeles)
[  ](https://www.citywatchla.com/los-angeles/33439-how-l-a-s-small-lot-law-sparked-evictions-and-how-tenants-fought-back)### [ How L.A.’s Small Lot Law Sparked Evictions—and How Tenants Fought Back](https://www.citywatchla.com/los-angeles/33439-how-l-a-s-small-lot-law-sparked-evictions-and-how-tenants-fought-back)
[  ](https://www.citywatchla.com/los-angeles/33444-lahsa-is-gone-but-the-homeless-industrial-complex-lives-on)### [LAHSA Is Gone, but the Homeless-Industrial-Complex Lives On](https://www.citywatchla.com/los-angeles/33444-lahsa-is-gone-but-the-homeless-industrial-complex-lives-on)