General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCould someone Please Explain Inherent contempt again for me?
If the house uses it, and DOES used Sergeant at arms arrest someone, (not saying they will) Does The person arrested have ANY contact with anyone other than their lawyer? I'm thinking if nothing else this would take them out of the picture of protecting anybody. If it were Barr for instance, the house could use inherent contempt and while he's in the house refuses to answer questions then use it. No more communication with tRUMPY. Am i dreaming BIG here? If they pick and choose who use the inherent contempt on it might help? TY in advance!
PoliticAverse
(26,366 posts)They would, of course, have access to their attorney.
For history and details on Congress' contempt power, see:
Congressional Research Service
Congresss Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
https://fas.org/sgp/crs/misc/RL34097.pdf
bluestarone
(16,859 posts)Lot for my mind to absorb!
bluestarone
(16,859 posts)If the house uses inherent contempt, (like on Barr for instance) can Barr refuse to show? if he does what would be the next step for the House? TKS again
tritsofme
(17,370 posts)bluestarone
(16,859 posts)PoliticAverse
(26,366 posts)tritsofme
(17,370 posts)PoliticAverse
(26,366 posts)it'd be 2 branches to 1 and if the Executive branch still refused to comply at that point you could say there's a
"constitutional crisis".
PoliticAverse
(26,366 posts)the Sergeant-at-Arms to bring the individual before Congress to be tried for contempt.
From the Congressional Research report:
bluestarone
(16,859 posts)There might be hope. ( i'm pretty sure they (the house) won't go there though).
StarfishSaver
(18,486 posts)Capitol Police can't make arrests outside of that area. The only exception is if they witness a violent crime in action - in such cases, they can take steps to stop the commission of the crime and take suspects into custody. Otherwise, they can't make arrests off of Capitol grounds and a specific perimeter - which Treasury, DOJ, the White House, etc. are outside of.
PoliticAverse
(26,366 posts)and that he did so and the arrest was upheld by the Supreme Court I'd say they do have the power to do so again:
Anderson v. Dunn, 19 U.S. 204 (1821)
https://supreme.justia.com/cases/federal/us/19/204/
https://www.courtlistener.com/opinion/85326/anderson-v-dunn/
StarfishSaver
(18,486 posts)First, the Anderson case doesn't specify where the arrest was made nor does it indicate that the arrest was made outside of the Sergeant-at-Arms' jurisdiction at the time. And no matter what a warrant may say, it can't trump jurisdiction; "wherever he may be found," is understood to mean within the jurisdiction of the arresting body since no one can expand jurisdiction just by saying they are.
Moreover, not only are Washington DC's geography and boundaries very different than they were 200 years ago, the Sergeant at Arms' jurisdiction is not the same as it was in 1821. It's now set forth in and limited by statute.
The fact that that a long-ago warrant said "wherever he may be found" and a 19th Century Supreme Court upheld an inherent contempt arrest made pursuant thereto doesn't give the Sergeant-at-Ams and Capitol Police have unlimited jurisdiction to make arrests wherever they choose today.
Trust me... Capital Police does not have jurisdiction to show up at DOJ and take the Attorney General into custody.
PoliticAverse
(26,366 posts)upheld the Senate's ability to send the deputy Sergeant-at-Arms to arrest someone in Ohio:
https://en.wikipedia.org/wiki/McGrain_v._Daugherty
Trust the Supreme Court... Congress can compel someone to appear including by arrest.
StarfishSaver
(18,486 posts)The problem is how and where the arrest will take place. And while McGrain did involve someone arrested out of state, the Court's ruling addressed and upheld the Senate's subject-matter jurisdiction, not geographic jurisdiction.
And my reading of the statutes and case law is that the Capitol Police do not have sufficient jurisdiction to make an arrest beyond Capitol grounds. I could be wrong, my not being infallible, but that's how I see it. And I doubt anyone in the administration is going to submit to being arrested by the Capitol Police - even if they could get anywhere near them.
I see this is a job for the U.S. Marshals ...