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Silent3

(15,018 posts)
Sat Oct 9, 2021, 10:09 PM Oct 2021

Why 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?

27 replies = new reply since forum marked as read
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Why hasn't Congress used its "inherent contempt" power since 1934? (Original Post) Silent3 Oct 2021 OP
The apparent answer is that the people in charge think doing such a thing would result in a negative PoliticAverse Oct 2021 #1
In other words, if they don't use this power, they're wimping out? n/t Silent3 Oct 2021 #2
No, if they do such a thing the backlash would be to their political disadvantage. PoliticAverse Oct 2021 #6
I don't see how looking feckless is to our political advantage Silent3 Oct 2021 #8
In the past when asked why they don't use inherent contempt Democratic leaders have given... PoliticAverse Oct 2021 #9
good questions, thank you. Grasswire2 Oct 2021 #19
This message was self-deleted by its author PoliticAverse Oct 2021 #5
Inherent Contempt rso Oct 2021 #3
This message was self-deleted by its author rso Oct 2021 #4
Because its not as straightforward as you assume. onenote Oct 2021 #7
What we've been doing instead *isn't* "cumbersome, time-consuming"? Silent3 Oct 2021 #10
The use of the claim of "executive privledge" (Bannon's lawyers are using that as an excuse... PoliticAverse Oct 2021 #13
For those that want to read the whole (85 page) analysis... PoliticAverse Oct 2021 #12
See also this 2019 CRS Report onenote Oct 2021 #17
Any reason why the Senate Deomocrats couldn't bluestarone Oct 2021 #11
Because they like to sleep? n/t PoliticAverse Oct 2021 #14
Time to bring in COTS to sleep on bluestarone Oct 2021 #15
Until what is done? onenote Oct 2021 #16
The Senate business. bluestarone Oct 2021 #18
So one Repub stands by to answer a quorum call. Then what? onenote Oct 2021 #20
The TWO DEM. senators ( You know whom i mean) MIGHT bluestarone Oct 2021 #21
Why would they show up if they don't want to be there? onenote Oct 2021 #22
Well i'm sure this is not the answer BUT bluestarone Oct 2021 #23
So close to what? We're not close to overcoming republ filibusters onenote Oct 2021 #24
AGREE! bluestarone Oct 2021 #25
Unfortunately cold reality often crushes hopes and dreams. n/t PoliticAverse Oct 2021 #26
I bet the Congress won't be so afraid to use it, Crunchy Frog Oct 2021 #27

PoliticAverse

(26,366 posts)
1. The apparent answer is that the people in charge think doing such a thing would result in a negative
Sat Oct 9, 2021, 10:24 PM
Oct 2021

political fallout.

PoliticAverse

(26,366 posts)
6. No, if they do such a thing the backlash would be to their political disadvantage.
Sat Oct 9, 2021, 10:40 PM
Oct 2021

Even Republicans thought it was a bad idea politically and haven't used it.

Silent3

(15,018 posts)
8. I don't see how looking feckless is to our political advantage
Sat Oct 9, 2021, 10:44 PM
Oct 2021

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)
9. In the past when asked why they don't use inherent contempt Democratic leaders have given...
Sat Oct 9, 2021, 10:51 PM
Oct 2021

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)
19. good questions, thank you.
Sat Oct 9, 2021, 11:15 PM
Oct 2021

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)

rso

(2,261 posts)
3. Inherent Contempt
Sat Oct 9, 2021, 10:38 PM
Oct 2021

It’s 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)

onenote

(42,374 posts)
7. Because its not as straightforward as you assume.
Sat Oct 9, 2021, 10:42 PM
Oct 2021

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)
10. What we've been doing instead *isn't* "cumbersome, time-consuming"?
Sat Oct 9, 2021, 10:54 PM
Oct 2021

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)
13. The use of the claim of "executive privledge" (Bannon's lawyers are using that as an excuse...
Sat Oct 9, 2021, 10:58 PM
Oct 2021

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)
12. For those that want to read the whole (85 page) analysis...
Sat Oct 9, 2021, 10:55 PM
Oct 2021

Congress’s 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

bluestarone

(16,720 posts)
11. Any reason why the Senate Deomocrats couldn't
Sat Oct 9, 2021, 10:54 PM
Oct 2021

Call for a 24 hour session 7 days a week until this all get done, or something along this line of thinking?

bluestarone

(16,720 posts)
15. Time to bring in COTS to sleep on
Sat Oct 9, 2021, 11:02 PM
Oct 2021

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)
16. Until what is done?
Sat Oct 9, 2021, 11:04 PM
Oct 2021

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)
18. The Senate business.
Sat Oct 9, 2021, 11:10 PM
Oct 2021

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)
20. So one Repub stands by to answer a quorum call. Then what?
Sat Oct 9, 2021, 11:17 PM
Oct 2021

Fifty Democrats are left twiddling their thumbs. And they still can't overcome the requirement for 60 votes for cloture.

bluestarone

(16,720 posts)
21. The TWO DEM. senators ( You know whom i mean) MIGHT
Sat Oct 9, 2021, 11:20 PM
Oct 2021

Get tired of being there? Then maybe they will do what needs to be done?

bluestarone

(16,720 posts)
23. Well i'm sure this is not the answer BUT
Sat Oct 9, 2021, 11:27 PM
Oct 2021

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)
24. So close to what? We're not close to overcoming republ filibusters
Sat Oct 9, 2021, 11:29 PM
Oct 2021

And there is no indication that Manchin and Sinema are any closer to voting to get rid of the filibuster.

bluestarone

(16,720 posts)
25. AGREE!
Sat Oct 9, 2021, 11:32 PM
Oct 2021

Not saying we are, BUT Winning GEORGIA put the ball in OUR court, and it will be a HUGE waste because of these two!

Crunchy Frog

(26,548 posts)
27. I bet the Congress won't be so afraid to use it,
Sun Oct 10, 2021, 12:27 AM
Oct 2021

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.

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