General Discussion
In reply to the discussion: Congress should fast track the IRS case over Trump's taxes to the Supreme Court. [View all]onenote
(46,190 posts)You can take that to the bank.
There's a reason the "inherent" contempt authority hasn't been used since 1935. It only adds one more layer of judicial proceeding. As soon as someone is "arrested" pursuant to that authority they will be in court on a petition for habeas corpus. That is what happened in 1935 and it is what would happen today. And the courts would therefore still have to reach the underlying question as to whether there is a legitimate legislative purpose (which would include the power to investigate) for the request for Trump's returns. In the 1935 case, it was conceded that the subpoena underlying the contempt citation was in pursuit of an inquiry which the Senate had the constitutional power to make and that the subpoena itself was valid. In the current situation, the validity of the request is not conceded, so that will be the issue the courts will have to decide. Under the circumstances, it makes more sense to simply go to court for a declaratory ruling and injunctive relief seeking a ruling that the request for the returns was valid and an order directing Mnuchin to comply.