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LTG

(216 posts)
49. There has been some guidance on exercise of inherent contempt
Wed Oct 9, 2019, 05:46 AM
Oct 2019

Courts have ruled a number of times on the exercise of congressional inherent contempt powers. These opinions have been either directly on point or sufficiently related to provide useful indications of the positions the court might take. Further the historical practices and procedures of Congress are also useful in defining required process.

The Congressional Research Service has written a paper discussion of the exercise of the enforcement of Congressional contempt citations. In part, regarding due process requirements, the paper reads as follows:

“Congressional precedent would also appear to be a useful guide to the question of what process is due. A review of early exercises of inherent contempt, discussed above, indicates that the following procedures have been established: attachment by the Sergeant-at-Arms; appearance before the bar; provision for specification of charges; identification of the accuser; compulsory process; provision of counsel; a hearing; determination of guilt; and imposition of a penalty. According to one commentator, “[t]his traditional procedure was followed by both houses of Congress until they abandoned it for a more convenient statutory device.”121 Since these procedures appear to be in excess of what the Court instructed was required in Groppi, it would seem reasonable to conclude that any inherent contempt proceeding that conforms with these traditions would likely satisfy judicial review.”

“Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure” Congressional Research Service, page 21, 2017

More modern practice has permitted the use of a select committee established to take testimony of witnesses and the accused and provide a written transcript to the House for consideration by the members before a vote is taken to determine guilt and sanction to be imposed. This is the same process utilized by the Senate for its more recent impeachment trials. Taking and receiving of testimony and evidence in this manner allows the House or Senate to continue its legislative agenda during the trial.

Agreed... N_E_1 for Tennis Oct 2019 #1
How about Obstruction of Justice tavalon Oct 2019 #2
Yes, they've got the goods on him for sure, BUT, let the clock run a bit longer. Texin Oct 2019 #20
Yep, and refusing to testify can be taken as circumstantial evidence of corrupt intent William Seger Oct 2019 #46
Does the president have the right to block someone from testifying in front of Congress? Maraya1969 Oct 2019 #53
They would testify anyway unblock Oct 2019 #3
We have had lawyers in court all morning working to get document. TidalWave46 Oct 2019 #4
Yeah, tavalon Oct 2019 #5
I had to check the Guardian after that comment, and you're right! deurbano Oct 2019 #15
Hear! Hear! n/t MFGsunny Oct 2019 #25
Dragging this out does not help Democrats, gab13by13 Oct 2019 #6
Welcome to DU orangecrush Oct 2019 #14
Am on your same wave-length as to timing. Two is minimum # of Impeachment Articles ...... MFGsunny Oct 2019 #28
It won't matter how solid evidence is to some.... getagrip_already Oct 2019 #7
Nothing but obstruction! SCVDem Oct 2019 #8
Can Congress issue bench warrant for failure to appear MyMission Oct 2019 #9
That's my question too Bradical79 Oct 2019 #18
Is checking the boxes actually worthwhile? progressoid Oct 2019 #10
Once McConnell decideds to hold the trial gab13by13 Oct 2019 #11
*IF* McConnell decideds to hold the trial progressoid Oct 2019 #13
Due process is important to punch holes the the 'witch hunt' lies. bigbrother05 Oct 2019 #16
Impeachment is required. We can't set a precedent that condones so many crimes. Garrett78 Oct 2019 #61
That's exactly the kind of enforcement the House has. Why doesn't it use it? Are they serious about ancianita Oct 2019 #12
They don't really. There is no little mini-jail anymore. That has been gone for decades. n/t pnwmom Oct 2019 #21
Then what. is. the. point. There IS no protecting and defending the Constitution from scofflaw rule ancianita Oct 2019 #22
It's building evidence for an impeachment article on obstruction. n/t pnwmom Oct 2019 #26
Evidence. Yes. Being Right. Yes. Enforcement of the Right and Rule of Law. No. Only hope, that ancianita Oct 2019 #30
Can the committees complain to the bar with a view to having obstructive lawyers...Barr, Karadeniz Oct 2019 #17
Sure. Letters can be written to the state bars that issued Barr's and WH counsel law licenses. ancianita Oct 2019 #44
yes cooling their heels in the crowbar hotel will do wonders for them vlyons Oct 2019 #19
Judges' orders and subpoenas mean nothing to them. Garrett78 Oct 2019 #23
So, Inherent Contempt seems to offer an enforcement tool not tried since 1935. U.S. Capitol Police ancianita Oct 2019 #24
Thanks! Newest Reality Oct 2019 #32
... ancianita Oct 2019 #34
Is this not one of the functions of the U.S. Marshall Service?? HelpImSurrounded Oct 2019 #27
Congress is not their arena. DU discussed this over a year ago, but I can't find the thread. ancianita Oct 2019 #35
Well, that's a new one on me. HelpImSurrounded Oct 2019 #38
I don't think it lacks one, it's more like enforcement across branches has historical lanes. ancianita Oct 2019 #41
"Do you want to be a witness or a defendant?" Hermit-The-Prog Oct 2019 #29
Where is this cell that is reserved? They got rid of the Congressional jail decades ago. pnwmom Oct 2019 #31
First, it is my understanding that the Capitol Police have cells which could be used, Atticus Oct 2019 #33
"They" consist of two parties, and the party that controls the Senate won't agree. pnwmom Oct 2019 #36
So, you understand that the Senate can govern how the House exercises and enforces its Atticus Oct 2019 #37
I have looked more than once for a solid source that explains how pnwmom Oct 2019 #39
Have you read post #24 above? It is uncontoverted that the inherent contempt power Atticus Oct 2019 #40
That's when we still had the jail. It's gone now. n/t pnwmom Oct 2019 #42
As I said in #33 above, I don't see that as a problem, but I am not an expert in this Atticus Oct 2019 #43
I trust Nancy to find a way, if there is one. And to use this power, if it still exists, pnwmom Oct 2019 #45
Didnt Ken Starr do the same? So why dont they do it now? oldsoftie Oct 2019 #47
I will say, very plainly, that if we do not succeed warmfeet Oct 2019 #48
There has been some guidance on exercise of inherent contempt LTG Oct 2019 #49
Thanks for that. nt Atticus Oct 2019 #50
If you or I were subpoenaed to testify in court doc03 Oct 2019 #51
Because Congress is not a "court" BumRushDaShow Oct 2019 #54
Do you have any ballpark estimate of just how long it will take for a court to assist in enforcing Atticus Oct 2019 #55
Oddly enough, I just got done reading an article and closing it out before I saw your post BumRushDaShow Oct 2019 #56
I very much hope you are correct in your "expectation". Thanks. nt Atticus Oct 2019 #57
You and me both!!!!!! BumRushDaShow Oct 2019 #58
What's the point of calling it a "subpoena" if they can't or won't enforce it? BlueStater Oct 2019 #59
It's an old-fashioned term for a "summons" - the term isn't only or strictly applied to courts. BumRushDaShow Oct 2019 #60
You are probably right Buckeyeblue Oct 2019 #52
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