General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy hasn't Congress used its "inherent contempt" power since 1934?
It seems a whole lot more straight-forward than all this run-out-the-clock bullshit we've been putting up with. Unless I'm reading this wrong, it seems like they can have the Sergeant at Arms hauling someone's ass into the House (or Senate, should that be the case) chamber pretty quickly, without any long, protracted court fight getting in the way.
It it just that, until the Trump era, very few people who've been subpoenaed have been so unapologetically contemptible?
Is Congress afraid to use this power for some reason?
PoliticAverse
(26,366 posts)political fallout.
Silent3
(15,018 posts)PoliticAverse
(26,366 posts)Even Republicans thought it was a bad idea politically and haven't used it.
Silent3
(15,018 posts)I don't see how letting the people who want to make sure Democrats never win again go free is to our advantage.
I don't see how helping insurrectionists with their cover-up is to our advantage.
PoliticAverse
(26,366 posts)non-answer answers.
Adam Schiff has threatened to use inherent contempt...
for example back in 2019 - https://apnews.com/article/d62d9252606a0472895dc1cb8a0601e1
but nothing came of it.
Grasswire2
(13,564 posts)Are we admitting (by lack of any answer to the questions) that there is no remedy for sedition, insurrection, treason?
No way to stop the overthrow of the duly elected government by violence and chicanery?
We'd better hope that some genius comes up with something soon.
Because "Look forward, not back" doesn't look like a winning strategy to save America.
If "our side" is afraid to attempt to stop Trump for fear of starting a civil war, then we'd better hie ourselves to the local gun shop tomorrow and prepare for what's ahead. See Bill Maher, 10/8/2021.
Response to PoliticAverse (Reply #1)
PoliticAverse This message was self-deleted by its author.
rso
(2,261 posts)Its the only way to get the attention of people like Bannon. Otherwise, all the subpoenas in the World are useless as the trumpsters will simply delay things in the Courts.
Response to Silent3 (Original post)
rso This message was self-deleted by its author.
onenote
(42,374 posts)The Congressional Research Service has reviewed the history of the inherent contempt power and offered the following analysis:
"There are also certain limitations on the inherent contempt process. Although the contemnor can be incarcerated until he agrees to comply with the subpoena, imprisonment may not extend beyond the end of the current session of Congress.91 Moreover, inherent contempt has been described as unseemly, cumbersome, time-consuming, and relatively ineffective, especially for a modern Congress with a heavy legislative workload that would be interrupted by a trial (which must be held in order to provide due process). There also is the precedent of a person detained under the exercise of inherent contempt being freed pursuant to a writ of habeas corpus. Because of these drawbacks, the inherent contempt process has not been used by either body since 1935." Moreover, the Department of Justice has expressed the position that the inherent contempt power cannot be used against someone claiming the right not to testify pursuant to an assertion of executive privilege. While that issue hasn't been decided by the courts, given the current make up of the court, pushing it might well result in the current Court overruling its past precedents on the inherent contempt power or severely limiting it.
Silent3
(15,018 posts)It seems that the amount of time Congress has to spend to make this work is a lot shorter and faster than going through the DoJ and fighting lengthy court battles. But since it's not Congress spending all of that time, but rather the DoJ and the court system spending much, much more time, that's better?
PoliticAverse
(26,366 posts)as to why he isn't complying) guarantees a court fight.
I think Bannon might love to be jailed by Congress - it would only enhance his "brand".
PoliticAverse
(26,366 posts)Congresss Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
Congressional Research Service
May 12, 2017
(.pdf) https://sgp.fas.org/crs/misc/RL34097.pdf
onenote
(42,374 posts)bluestarone
(16,720 posts)Call for a 24 hour session 7 days a week until this all get done, or something along this line of thinking?
PoliticAverse
(26,366 posts)bluestarone
(16,720 posts)Stay until DONE To add here i think it's time to do something out of the ordinary! America deserves the big FIGHT!
onenote
(42,374 posts)What exactly would holding 24/7 sessions be designed to achieve. And if every Republican stayed away, there wouldn't be a quorum to do any business.
bluestarone
(16,720 posts)Call a quorum call as many times as needed. Make them live there! Guess i'm getting tired of these rethugs living luxurious live styles. Disrupt them all.
onenote
(42,374 posts)Fifty Democrats are left twiddling their thumbs. And they still can't overcome the requirement for 60 votes for cloture.
bluestarone
(16,720 posts)Get tired of being there? Then maybe they will do what needs to be done?
onenote
(42,374 posts)bluestarone
(16,720 posts)I'm just wishing something could be done. We are so close. To add what a WASTE it will be if we don't do something after the FABULOUS win in Georgia!!!
onenote
(42,374 posts)And there is no indication that Manchin and Sinema are any closer to voting to get rid of the filibuster.
bluestarone
(16,720 posts)Not saying we are, BUT Winning GEORGIA put the ball in OUR court, and it will be a HUGE waste because of these two!
PoliticAverse
(26,366 posts)Crunchy Frog
(26,548 posts)once the other side has won back control, and TFG has taken back the WH.
I wouldn't be surprised to see people getting dragged off and waterboarded until they get what they want, at that point.