Todd Spangler

Detroit Free Press

WASHINGTON — A lawyer for former Flint emergency manager Darnell Earley says if his client is again subpoenaed by a congressional committee looking that the Flint water crisis, he'll accept it.

A. Scott Bolden, a Washington attorney, spoke to the Free Press on Wednesday afternoon, after refusing on Earley's behalf a subpoena a day earlier calling for Early to testify at a hearing that began Wednesday morning.

Bolden had told the Free Press on Tuesday night that he refused the subpoena because neither he nor Earley had time to prepare but said he would accept another subpoena as long as it isn't issued on such short notice.

"We'll accept service of a subpoena," said Bolden on Wednesday.

As the hearing before the U.S. House Oversight and Government Reform Committee got underway on Wednesday, its chairman, U.S. Rep. Jason Chaffetz, R-Utah, said he'd turn to federal marshals, if necessary, "to hunt him down" and serve the subpoena on Earley, garnering cheers in the packed hearing room.

Earley was state-appointed financial manager in Flint when it switched its water supply to the Flint River in 2014 as a temporary cost-cutting move. Because that water was not treated with corrosion control, the more corrosive river water leached lead from old pipes into residents' taps.

Chaffetz said both Earley and former EPA Region 5 head Susan Hedman, who resigned during the crisis in Flint, will be subpoenaed to be deposed by committee staff behind closed doors before Chaffetz determines what next steps the committee will take.

Some Democrats are urging that Gov. Rick Snyder be called to testify before the committee as well.

"There are a lot of people we want to hear from," Chaffetz said. "I’m going to keep all options open."

Editorial: Earley is out, but Detroit kids still need help

On Tuesday, Snyder announced that Earley was stepping down Feb. 29 as emergency manager of DPS, a position he has held since last year.

Refusal to comply with a congressional subpoena can lead to a charge of contempt of Congress that, upon conviction, is a misdemeanor punishable by a fine of up to $1,000 and imprisonment for up to a year.

Losing EM Earley could aid efforts to help DPS

Contact Todd Spangler: 703-854-8947, tspangler@freepress.com or on Twitter at @tsspangler. Staff writer Daniel Bethencourt contributed to this report.

Losing EM Earley could aid efforts to help DPS