Trump may try to delay the January 6 committee subpoena until well after the midterms — in which the GOP might win back the House and make the whole thing moot

Delay is a relatively simple legal tactic that former President Donald Trump could use to avoid complying with the committee's subpoena.

The House select committee decided to subpoena the former president after a year of investigating the Capitol attack. According to the lawmakers, Trump is the only one who can provide important information about attempts to overturn the election results.

On Friday, the panel issued a subpoena to Trump and asked him to turn over the documents by November 4. According to the letter, Trump promoted fraud claims that he knew were false.

The committee has been dismissed by Trump. His lawyer told The New York Times that they were reviewing the subpoena and criticized the committee for releasing it publicly.

If Trump fails to comply with the subpoena, he could be held in contempt of Congress and referred to the Justice Department for prosecution. The committee could be over if Republicans take back the House in the fall.

Senate Republicans tanked a 9/11-style commission in the summer of 2021. Speaker Nancy Pelosi refused to accept two of Kevin McCarthy's picks for the committee. Liz Cheney and Adam Kinzinger are both Trump critics who have been rejected by a lot of the GOP.

The 116th Congress will be dissolved along with the committee on January 3. The Republicans seem to have a good chance of winning the House in the election.

McCarthy is the favorite to become House speaker if Republicans win the House. The work of the committee is almost certain to be stopped by Republicans, which will bring an end to any legal battles that try to force Trump to comply with the subpoena.

The deadlines for the subpoenas are set for November, but Trump could use a number of legal moves to prolong the process.

A Democratic congressional staffer told The Washington Post that the House should vote on a contempt citation after a witness doesn't show up. It's not certain if the House will be a live civil case.

According to sources close to the situation, Trump's team is considering a lawsuit against the committee because it doesn't have the power to force him to testify. The process could be dragged out until the end of the current Congress if the lawsuit succeeds.