“He’s had a letter for six months asking for his return” to appear before the committee, Burr said.

“He’s already stiffed us on being in Washington today because of an illness,” Burr said. “You have, um — on Twitter, a reporter reported he was having a wild night Saturday night eating out in New York with five buddies. Didn’t seem to have any physical limitations. And he was out with his wife last night.”

Asked if he would issue another subpoena to Cohen, Burr said, “I’ve never gotten into who we have subpoenaed and haven’t subpoenaed.”

“But I think he clearly rises to one of the people that I would go to every length I could to make sure that we got his testimony,” Burr said.

“I would prefer to get him before he goes to prison … but , you know, the way he’s positioning himself [by] not coming to the committee, we may help him go to prison,” Burr quipped.

The Intelligence Committee’s ranking Democrat, Sen. Mark Warner of Virginia, said, “I share the frustration” of Burr.

“You would think that someone — we’ve been trying to work with Mr. Cohen — and somebody whose veracity is in somewhat question, you’d think he would want to not do things that further diminish his ability for people to have faith in him,” Warner said.

Cohen’s lawyer Davis, when contacted by CNBC, declined to comment on the criticism from Burr and Warner.

Cohen so far has had three planned appearances before a congressional committee postponed.

He originally was expected to testify publicly last Friday before the House Oversight and Government Reform Committee.

But in late January, Cohen postponed that appearance indefinitely because of concerns about his family’s safety, Davis said. Davis accused Trump and his current lawyer, Rudy Giuliani, or making “threats,” specifically by suggesting Cohen’s father-in-law was engaged in wrongdoing.

Trump later said of Cohen, “I would say he’s been threatened by the truth.”

Cohen is currently scheduled to testify Feb. 28 before the House Intelligence Committee in a session closed to the public. That appearance originally was set for last Friday as well, but was postponed by committee chairman Rep. Adam Schiff, D-Calif., for what Schiff said was “the interests of the investigation.”

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