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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSez here Barr can block any Contempt of Congress citations.
according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action.
However, while the law places the duty on the U.S. Attorney to impanel a grand jury for action, some proponents of the unitary executive theory argue that the Congress cannot properly compel the U.S. Attorney to take this action against the Executive Branch, asserting that the U.S. Attorney is a member of the Executive Branch who ultimately reports only to the President and that compelling the U.S. Attorney amounts to compelling the President himself.
They argue that to allow Congress to force the President to take action against a subordinate following his directives would be a violation of the separation of powers and infringe on the power of the Executive branch. The legal basis for this position, they contend, can be found in Federalist 49, in which James Madison wrote The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers. This approach to government is commonly known as "departmentalism or coordinate construction
The Executive Branch cannot either define the meaning of the law (such powers of legislation being reserved to Congress) or interpret the law (such powers being reserved to the several Federal Courts). They argue that any attempt by the Executive to define or interpret the law would be a violation of the separation of powers; the Executive may onlyand is obligated toexecute the law consistent with its definition and interpretation; and if the law specifies a duty on one of the President's subordinates, then the President must "take care" to see that the duty specified in the law is executed. To avoid or neglect the performance of this duty would not be faithful execution of the law, and would thus be a violation of the separation of powers, which the Congress and the Courts have several options to remedy.
So this means 2 things:
1.
The US Attorney General, who is Barr at the moment, has the power to tell any US Attorney to not prosecute a case.
The US Attorney for the District of Columbia is Jessie K. Liu, oppointed by Trump.
2. Trump/WH will sue, arguing the unitary executive theory. As Trump said publicly a month or so ago, they will sue, and if they lose, they will appeal all the way to the top.
The chief judge of the United States Court of Appeals for the District of Columbia Circuit is....Merrick Garland.
malaise
(268,863 posts)Full circle
dixiegrrrrl
(60,010 posts)but that was last used in 1934.
Good news is anyone found guilty of contempt cannot have a Presidential Pardon. Or not a legal one, at least.
WhiteTara
(29,699 posts)and used today.
tritsofme
(17,373 posts)Clinton officials? Even after citing Eric Holder for criminal contempt of Congress? I dont think it is because they were nice guys with warm fuzzy feeling for Holder...
onenote
(42,680 posts)of Congress.
Freethinker65
(10,008 posts)AG for protecting Trump and not enforcing laws or protecting the constitution. Shine the light on these assholes and make them own and defend their decisions as they destroy the country.
Grasswire2
(13,565 posts)That ARGUMENT does not denote or confer power to tell any US Attorney to not prosecute a case.
It's an opinion, not a law. It's an argument, not fact.
So your conclusion #1 is wrong.
dixiegrrrrl
(60,010 posts)As long as he is AG, he does have the authority to tell any US attorney what to do or not do.
and he certainly will be willing to support the unitary theory.
tis also an opinion that you can't charge a sitting Pres. with crimes. Yet, to do so, will immediately start a prolonged court battle, which can carry on past the election.
All the obstruction of justice crimes attributed to trump have a statute of limitations, which is a year or more past the 2020 election. ( sez Maddow in her broadcast the other night)
trick is, to get him out of office before the crimes run past limitations.
corbettkroehler
(1,898 posts)The United States Capitol has cells to detain those charged with contempt. To my knowledge, they seldom are used for that purpose and never for the long term.
As a practical matter, prosecution of Contempt of Congress can be stopped or disregarded by the AG. This is part of the importance of keeping the DOJ impartial as much as possible.
duforsure
(11,885 posts)Nixon had two ag's that ended up in jail for what they did too.
Duppers
(28,117 posts)We're now being ruled by a very corrupt minority.
dixiegrrrrl
(60,010 posts)These cocky S.O.B.s think they are above the law...we shall see.
wryter2000
(46,031 posts)Start impeachments with him.
tritsofme
(17,373 posts)DOJ declining to prosecute a contempt citation from Congress. In 2012, DOJ similarly declined to prosecute Eric Holder, despite a contempt citation from the House.
Volaris
(10,269 posts)tritsofme
(17,373 posts)would be similarly ignored by the DOJ.
Volaris
(10,269 posts)A Constitutional Amendment that would allow Congress AND the SC (with the approval of the other ONLY) to enforce their own actions against an executive branch unwilling to do it's job.
Assign one USMarshalls unit to the Congress and the SC, and have that office able to enforce the will of that branch OUTSIDE of the executive branch.
Because that's what your county sheriff does...enforce the Will of the State Judicary. This issue was solved inside ALL State level constitituions, BECAUSE IT WAS OVERLOOKED by the men who wrote and signed the US Constitution...and no federal remedy has been yet suggested, to the best of my knowledge.
Congress should have had the Constitutional Power to DRAG Kkkarl Rove into the Chamber , and testify under penalty of inprisonment, but the ONLY human in the country that could have MADE that happen was George W. Bush.
Guess who didn't show up.
Just sayin....
Volaris
(10,269 posts)The reason I ask, is because once a GJ has been empanelled, that body is not subject to executive branch oversight (it functions as a part of the Judicial Branch).
And I would sumbit that no matter what happens with Trump overall, these are good questions to ask, because in the long run, it will force congress to address lapses and oversights in our constitituional system that clearly need addressing (even tho it hasn't been necessary to this point in our history.).
Having the worst criminal president in history, WILL force some kind of response I think , AND Jill Stien and her ilk can still fuck off and move to russia for all I care.