Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

ehrnst

(32,640 posts)
20. Here is the process, and it does not involve the Sargeant-at-Arms:
Sun Aug 23, 2020, 08:43 PM
Aug 2020

(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 committee’s 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.
Have the Sargeant-at-Arms arrest those not complying with subpoenas! SunSeeker Aug 2020 #1
Absolutely! SheltieLover Aug 2020 #3
That requires Barr to order the enforcement of the non-compliance of the subpoena ehrnst Aug 2020 #9
😵. 🤬. Effing Barr. BlancheSplanchnik Aug 2020 #13
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
Here is the process, and it does not involve the Sargeant-at-Arms: ehrnst Aug 2020 #20
I'm talking about Congress's "inherent contempt" powers; per former AUSA Kirschner, they can arrest SunSeeker Aug 2020 #23
I'm amazed Schumer got this far bucolic_frolic Aug 2020 #2
While such a report might help improve confidence in mail voting, I bet the report comes back Hoyt Aug 2020 #4
+1 ancianita Aug 2020 #7
+1000. ehrnst Aug 2020 #10
While I don't disagree with that, Mr.Bill Aug 2020 #15
Isn't that Board of Governors Mr.Bill Aug 2020 #5
"The subcommittee, which consists of two Democrat appointees to the board and one Republican, ehrnst Aug 2020 #11
There are two democrats, but they were appointed very recently. Mr.Bill Aug 2020 #14
Yes, the BoG is all trumpers. Schumer's committee is different from that. PSPS Aug 2020 #18
Isn't it a subcommittee Mr.Bill Aug 2020 #19
Yes, you are correct. I misread the original article and drew the wrong conclusion. PSPS Aug 2020 #21
I can't believe Schumer doesn't know this. Mr.Bill Aug 2020 #22
This message was self-deleted by its author Mr.Bill Aug 2020 #6
The cremated remains of the US Veteran that were lost would be of particular importance and weight Blue Owl Aug 2020 #16
Yepper spot on................ turbinetree Aug 2020 #17
I really hope President Biden does not repeat the same mistake President Obama made with cstanleytech Aug 2020 #24
This question has been asked directly and answered just as directly. flibbitygiblets Aug 2020 #25
Gym Jordan is disgusting, isn't he? yellowdogintexas Aug 2020 #26
Latest Discussions»Latest Breaking News»Schumer announces investi...»Reply #20