Two Resolutions in Response to Illegal Subpoena Noncompliance Adopted in Senate
Two Senate resolutions that seek to summon two individuals, Mary Kogut of Planned Parenthood of the St. Louis Region (PPSLR) and Dr. James Miller and Pathology Services, Inc., before the body were adopted in the Senate this week. The two individuals have been charged to show reason for their refusal to comply with subpoenas issued by the Senate president pro tempore in November 2015.
The two subpoenas against Kogut and Miller and Pathology Services, Inc. were issued to assist the Senate Interim Sanctity of Life Committee in gathering outside information pertinent to the Committee’s investigation into claims of illegal fetal tissue sales. Kogut had been asked to supply certain specified records to the Committee within two weeks of receiving the subpoena and Miller was asked to testify before the Sanctity of Life Committee as well as provide specific requested information.
Both Kogut and Miller refused to supply the documents, none of which contained identifiable information, and neither party has shown a lawful excuse as to why they have not complied. Failure to comply with a Senate-issued subpoena is a serious matter, and the people of Missouri have given the Senate the ability to punish witnesses found to be in contempt. However, this option will not be exercised by the body until the two parties have had a chance to explain the reasons behind their refusal to cooperate. The Senate never requested any personal health information from these two individuals, which makes it vexing as to why they would not assist in an investigation that helps protect women and children.
The two Senate resolutions adopted this week ask Kogut and Miller to appear before the Senate Committee of the Whole on April 25 to show cause why contempt proceedings should not be brought against them. This is the first time in recorded Missouri Senate history that this legislative action has ever been enacted in response to subpoena noncompliance. When Kogut and Miller decided not to cooperate with the Sanctity of Life Committee’s investigation, they made history in this state. And that is not something of which to be proud.
The Senate Interim Committee on the Sanctity of Life was created to help protect Missouri mothers and unborn babies. When allegations came to light that certain clinics in the Missouri region were not honoring and respecting the very delicate practice in which they are supposed to be involved, the Committee was tasked with investigating those claims and protecting the rights of the mothers and children affected. By refusing to assist the Committee with its investigation, Kogut and Miller have insulted the Legislature and the members of the 98th General Assembly, who have worked so hard to protect life in our state. State legislators consider protecting Missourians a personal responsibility, and the Senate Interim Sanctity of Life Committee has only acted in the interest of public safety.
Now that the resolutions have been adopted in the Senate, Miller and Kogut will have until April 25 to appear before the Senate and give reason to their noncompliance. If they fail to appear, the Senate could be forced to take punitive legislative action.
As always, I appreciate it when groups from around Missouri and from our community back home come to visit me at the Capitol. If you would like to arrange a time to come and visit me in Jefferson City, or if you ever have any questions, please don’t hesitate to contact my Capitol office at (573) 751-1882.