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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy Not Subpoena Trump?
We all know he will refuse.
When he does
BAM, criminal contempt.
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Why Not Subpoena Trump? (Original Post)
berni_mccoy
Oct 2021
OP
Mr.Bill
(24,238 posts)1. More like
when he does, BAM, tied up in the courts until he dies of natural causes.
walkingman
(7,580 posts)2. Anything pertaining to TFG will be tied up in court for years. He has
been doing that long before the the Christian Taliban elected him in 2016.
berni_mccoy
(23,018 posts)4. Denying a subpoena will not go through the courts.
Inherent contempt lands you in jail until you comply
walkingman
(7,580 posts)6. It seems to be a little more complicated...sadly
House's Contempt Powers
The Congressional Research Service described each of these powers in a detailed March 2019 report. The first type of contempt power is a citation of criminal contempt of Congress. This power comes from a statute passed by Congress in 1857. Once a committee rules that an act of criminal contempt has occurred, the Speaker of the House or Senate President refers the matter to the appropriate U.S. attorneys office, whose duty it shall be to bring the matter before the grand jury for its action. However, the Executive Branch in prior situations has claimed that it has the discretion to decide if a grand jury should be convened to hear the charges. But if the case goes to a grand jury, fines and a jail term could result from the ensuing criminal prosecution.
The second type of contempt power comes in the form of a civil lawsuit brought by the House or Senate, asking a court to enforce a subpoena. The Senate and its committees are authorized to bring such a lawsuit under a federal statute. There is no similar statute that applies in the House, but the federal district court in Washington, D.C. has decided that the House can nevertheless authorize its committees to bring a similar civil suit for enforcement of a subpoena. In either case, an executive branch member can contest the subpoena based on a governmental privilege or objection the assertion of which has been authorized by the executive branch of the Federal Government, the CRS said.
The third type of contempt powerCongresss dormant inherent contempt poweris rarely used in modern times. Inherent contempt was the mode employed by Congress to directly enforce contempt rulings under its own constitutional authority until criminal and civil contempt statutes were passed, and it remained in use into the twentieth century. Under inherent contempt proceedings, the House or Senate has its Sergeant-At-Arms, or deputy, take a person into custody for proceedings to be held in Congress.
Although these powers are not directly stated in the Constitution, the Supreme Court has ruled on multiple occasions that they are implicit as an essential legislative power held by Congress.
https://constitutioncenter.org/blog/the-houses-contempt-powers-explained
The Congressional Research Service described each of these powers in a detailed March 2019 report. The first type of contempt power is a citation of criminal contempt of Congress. This power comes from a statute passed by Congress in 1857. Once a committee rules that an act of criminal contempt has occurred, the Speaker of the House or Senate President refers the matter to the appropriate U.S. attorneys office, whose duty it shall be to bring the matter before the grand jury for its action. However, the Executive Branch in prior situations has claimed that it has the discretion to decide if a grand jury should be convened to hear the charges. But if the case goes to a grand jury, fines and a jail term could result from the ensuing criminal prosecution.
The second type of contempt power comes in the form of a civil lawsuit brought by the House or Senate, asking a court to enforce a subpoena. The Senate and its committees are authorized to bring such a lawsuit under a federal statute. There is no similar statute that applies in the House, but the federal district court in Washington, D.C. has decided that the House can nevertheless authorize its committees to bring a similar civil suit for enforcement of a subpoena. In either case, an executive branch member can contest the subpoena based on a governmental privilege or objection the assertion of which has been authorized by the executive branch of the Federal Government, the CRS said.
The third type of contempt powerCongresss dormant inherent contempt poweris rarely used in modern times. Inherent contempt was the mode employed by Congress to directly enforce contempt rulings under its own constitutional authority until criminal and civil contempt statutes were passed, and it remained in use into the twentieth century. Under inherent contempt proceedings, the House or Senate has its Sergeant-At-Arms, or deputy, take a person into custody for proceedings to be held in Congress.
Although these powers are not directly stated in the Constitution, the Supreme Court has ruled on multiple occasions that they are implicit as an essential legislative power held by Congress.
https://constitutioncenter.org/blog/the-houses-contempt-powers-explained
berni_mccoy
(23,018 posts)7. The House can and should use Inherent Contempt
It has been ruled as valid by the SCOTUS
walkingman
(7,580 posts)8. Totally agree - I hope the Justice Dept does also.
bucolic_frolic
(43,044 posts)3. Don't give a narcissist a platform
By the time the questions are answered they will have the exact opposite meaning of what you intended.
berni_mccoy
(23,018 posts)5. Trump will never comply
Tribetime
(4,681 posts)9. We need Will Ferrell to capture Trump
kentuck
(111,052 posts)10. And then, what happens?
We need to have a little bit of foresight.
malaise
(268,693 posts)11. Won't be long
The law is finally catching up with the Slobfather
https://www.democraticunderground.com/100215952819