Friday, June 29, 2012

David Hardy: If the House REALLY wants to press the contempt issue...

Of course the GOP lacks the stones, but . . .
There is the "inherent contempt" power, where the House orders the arrest of the defendant, and can try him then and there, and pass sentence. It hasn't been used since 1934, when the Senate sentenced a fellow who destroyed evidence to ten days in jail. It was upheld by the Supreme Court in Jurney v. MacCracken, 294 U.S. 125 (1935). ("Here, we are concerned, not with an extension of congressional privilege, but with vindication of the established and essential privilege of requiring the production of evidence. For this purpose, the power to punish for a past contempt is an appropriate means.") The House sends out its Sergeant-at-Arms to arrest the defendant, he is tried on the spot, and the House decides whether to convict.
All the more ironic, in that not too many years ago the Demos were suggesting its use against a Republican administration. One pointed out that the the Capitol has an unused jail cell for just that occasion.

4 comments:

Anonymous said...

Actually Pelosi VERY recently, and incorrectly, claimed she could have used this strategy to arrest Karl Rove. I say show her how it's done!

CowboyDan said...

It could happen. I don't expect it WILL, but it could.

We're he to be confined in the Capitol, would the same rules of inmate conduct apply as if he we're in Lorton?

Those guys don't play, bu t I imagine having EH as your only prisoner would be no fun at all. No phone, no pool, no pets, powdered eggs for breakfast, baloney or peanut butter for lunch and dinner, an hour a dayvout of the cell, ..

Anonymous said...

Saw a snippet a bit ago that some in CONgress are well aware that they can indeed jail (with)holder. Jason Chaffetz said that is the 3rd and last option that the Oversight committee has at its disposal. It would be the Sgt @ Arms of the house to make the physical arrest. NOW that would be a pay-per-view event worth watching!

Anonymous said...

Caligula: Would that the Roman people had but one neck!

Similarly, if BHO the Brave, Eric (with)Holder, Nappy the Clown and the Lizard Queen occupied but one Capitol jail cell, it would make logistics much simpler. ;^)

MALTHUS