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In reply to the discussion: Schumer announces investigation into Postal Service policy changes [View all]ehrnst
(32,640 posts)20. Here is the process, and it does not involve the Sargeant-at-Arms:
(Emphasis mine)
Criminal Contempt of Congress
The criminal contempt of Congress statute, enacted in 1857 and only slightly modified since, makes the failure to comply with a duly issued congressional subpoena a criminal offense. The statute, now codified under 2 U.S.C. § 192, provides that any person who willfully fails to comply with a properly issued committee subpoena for testimony or documents is guilty of a misdemeanor, punishable by a substantial fine and imprisonment for up to one year.
The criminal contempt statute outlines the process by which the House or Senate may refer the non-compliant witness to the Department of Justice (DOJ) for criminal prosecution. Under 2 U.S.C. § 194, once a committee reports the failure to comply with a subpoena to its parent body, the President of the Senate or the Speaker of the House is directed to certify[] the statement of facts . . . to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.
26 The statute does not expressly require approval of the contempt citation by the committees parent body, but both congressional practice and judicial decisions suggest that approval may be necessary.
27 Although approval of a criminal contempt citation under § 194 appears to impose a mandatory duty on the U.S. Attorney to submit the violation to a grand jury, the executive branch has repeatedly asserted that it retains the discretion to determine whether to do so.
The criminal contempt of Congress statute, enacted in 1857 and only slightly modified since, makes the failure to comply with a duly issued congressional subpoena a criminal offense. The statute, now codified under 2 U.S.C. § 192, provides that any person who willfully fails to comply with a properly issued committee subpoena for testimony or documents is guilty of a misdemeanor, punishable by a substantial fine and imprisonment for up to one year.
The criminal contempt statute outlines the process by which the House or Senate may refer the non-compliant witness to the Department of Justice (DOJ) for criminal prosecution. Under 2 U.S.C. § 194, once a committee reports the failure to comply with a subpoena to its parent body, the President of the Senate or the Speaker of the House is directed to certify[] the statement of facts . . . to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.
26 The statute does not expressly require approval of the contempt citation by the committees parent body, but both congressional practice and judicial decisions suggest that approval may be necessary.
27 Although approval of a criminal contempt citation under § 194 appears to impose a mandatory duty on the U.S. Attorney to submit the violation to a grand jury, the executive branch has repeatedly asserted that it retains the discretion to determine whether to do so.
https://crsreports.congress.gov/product/pdf/R/R45653
So, no there is no mention in the contempt process of Congress or the Senate sending the Sergeant-at-Arms to the subpoena scoffers' home to place them under arrest and bring them to the Jail at the Capitol.
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Schumer announces investigation into Postal Service policy changes [View all]
flibbitygiblets
Aug 2020
OP
That requires Barr to order the enforcement of the non-compliance of the subpoena
ehrnst
Aug 2020
#9
Congress needs to request enforcement of the non-compliance of the subpoena from Barr...
ehrnst
Aug 2020
#8
Hell no Barr won't enforce it. That's why they need to use the Sargeant-at-Arms.
SunSeeker
Aug 2020
#12
I'm talking about Congress's "inherent contempt" powers; per former AUSA Kirschner, they can arrest
SunSeeker
Aug 2020
#23
While such a report might help improve confidence in mail voting, I bet the report comes back
Hoyt
Aug 2020
#4
"The subcommittee, which consists of two Democrat appointees to the board and one Republican,
ehrnst
Aug 2020
#11
Yes, you are correct. I misread the original article and drew the wrong conclusion.
PSPS
Aug 2020
#21
The cremated remains of the US Veteran that were lost would be of particular importance and weight
Blue Owl
Aug 2020
#16
I really hope President Biden does not repeat the same mistake President Obama made with
cstanleytech
Aug 2020
#24