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SunSeeker

(57,428 posts)
23. I'm talking about Congress's "inherent contempt" powers; per former AUSA Kirschner, they can arrest
Sun Aug 23, 2020, 08:30 PM
Aug 2020

Glenn Kirschner, former assistant U.S. attorney for the District of Columbia, said Congress has the power to arrest, and has done so in the past:

Congress used its contempt powers in the 1920s to arrest and confine Mally Daugherty when he refused to appear pursuant to a subpoena in connection with the Teapot Dome scandal. It exercised its inherent contempt powers again in 1930s against U.S. Postmaster William MacCracken. In the MacCracken case, the Supreme Court reaffirmed the existence and propriety of Congress’ implicit contempt power.

Without surveying all of the procedures involved in Congress exercising its inherent contempt power, the House of Representatives could send the sergeant at arms to arrest someone who is determined to be in contempt of Congress. The contemptuous witness could be confined in one of the secure rooms in the U.S. Capitol (which was done in the Daughtery case) or in the jail cells located at Capitol Police Headquarters. Once held in contempt, Congress could consider fines or imprisonment as a way to motivate a witness to purge the contempt by testifying fully and truthfully. Indeed, there is a corollary in the criminal justice system where a witness who refuses to testify at trial is held in contempt until he/she purges the contempt by testifying.


https://www.nbcnews.com/think/opinion/why-democrats-congress-should-use-inherent-contempt-force-trump-officials-ncna1058861

Seems reasonable to me.

Recommendations

0 members have recommended this reply (displayed in chronological order):

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
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