Attorney General Merrick Garland Found in Contempt of Congress

[Cameramonkey]

I won't belabor this more here . . . The House has the Nuke Option with an Inherent Contempt Resolution empowering the House Sergeant at Arms (a law enforcement officer that works for the House sand reports directly to the House Speaker) with his deputies to arrest Garland, and frog march him back to the House "bar" to stand trial for contempt before the assembled House itself. The House can impose both incarceration and a fine with near impunity. It's been challenged in the past and SCOTUS Decisions have upheld this Inherent Power without question.

repeating with less chaff for those that skim when there are too many words.

The only thing I could see is garland's team standing in SaM's way to bully he and his deputies. Could get spicy.

Or they whisk him away out of reach and hide him like some elected state level officials have done to avoid cloture.

 

[JAL]

I mentioned the 1927 SCOTUS Decision regarding Congressional Inherent Contempt. It was last used in 1934 during the "Air Mail Scandal" when former Assistant Secretary of Commerce for Aeronautics (and lawyer) William MacCracken was found in Inherent Contempt by the Senate for destroying evidence the Senate had subpoenaed. He was sentenced by the Senate to 10 days incarceration and promptly filed a Writ of Habeas Corpus in the Federal Courts challenging its constitutionality. The courts backed up the Senate and it found its way to SCOTUS, which told MacCracken in 1935 the Senate could indeed punish him with incarceration. He surrendered to the Senate Sergeant at Arms to serve his sentence. He was held for 10 days in a D.C. hotel room. The SCOTUS case is Jurney v. MacCracken, 1935. Jurney was the Senate Sergeant at Arms.

Had he not destroyed the documents subpoenaed after receiving the subpoena, he could have been held until he produced them, similar to what a court will do to compel document production or testimony. They were nice to him regarding the hotel room. There is a small jail cell complex inside the Capitol Building in which a person can be held in a real jail.

 

[Magyars]

 

[Mgderf]

Rules for thee but not for me...

 

[I Invented the Internet]

You'll have to forgive poor little Merrick, he's still butthurt over not getting appointed to the Supreme Court.

 

[JAL]

Another strategy -- the formal pleading to the Federal District Court with jurisdiction would request a Writ of Mandamus (Latin for "written mandate") ordering DOJ to prosecute (person responsible for carrying it out would be named). Such a Writ is used to order a government official to carry out an Official Duty. Failing to comply would find DOJ in Criminal Contempt of the Federal Court. Not something anyone would want to run afoul of.

Most often, a court is requested to issue a Writ of Mandamus to force an official to perform a Ministerial Duty (statutorily required). It's extremely difficult to get one for a Discretionary Duty that's within the authorized powers of the official, but allows the official to use their judgement in how he acts on that duty. DOJ would argue here that prosecuting the Congressional Contempt is Discretionary, not Ministerial, making for very interesting legal briefs, the hearing, and the oral arguments.

 

[HoosierLife]

Another strategy -- the formal pleading to the Federal District Court with jurisdiction would request a Writ of Mandamus (Latin for "written mandate") ordering DOJ to prosecute (person responsible for carrying it out would be named). Such a Writ is used to order a government official to carry out an Official Duty. Failing to comply would find DOJ in Criminal Contempt of the Federal Court. Not something anyone would want to run afoul of.

Most often, a court is requested to issue a Writ of Mandamus to force an official to perform a Ministerial Duty (statutorily required). It's extremely difficult to get one for a Discretionary Duty that's within the authorized powers of the official, but allows the official to use their judgement in how he acts on that duty. DOJ would argue here that prosecuting the Congressional Contempt is Discretionary, not Ministerial, making for very interesting legal briefs, the hearing, and the oral arguments.

Has anyone from the House spoken about the inherent contempt resolution you’ve been referring to?

 

[phylodog]

Rules for thee but not for me...

If this surprises anyone at this point they must be new to the country.

This is nothing but more meaningless drama to keep the masses entertained. Nothing of substance will happen, no one of significance will be punished and the same crap will continue in the future.

 

[JAL]

Has anyone from the House spoken about the inherent contempt resolution you’ve been referring to?

Congresswoman Anna Paulina Luna, FL-13. Her district is centered on Clearwater on the northern peninsula of Tampa Bay. She's already laid the groundwork for a Privileged Resolution she's written that would bring it to the House Floor for the "Committee of the Whole" to immediately debate, consider and vote on, bypassing being assigned to a House Committee. A "Privileged" motion puts said motion ahead of all other business. As Inherent Contempt of Congress hasn't been used for 90 years since the mid-1930's, she sent a letter to House Republicans outlining House legal authority and SCOTUS Decisions to use it, along with how it would be executed by the House Sergeant at Arms. Luna was interviewed on it by Forbes:



Notes: Committee of the Whole is the entire House acting on legislation or a resolution the same as a Committee or Subcommittee would. It's considered a standard part of Parliamentary Procedure in a body that has committees/subcommittees. The Capitol Building has its own jail facility operated by the Capitol Police and maintained by the Architect of the Capitol. It's not under the control of the DOJ or any of its 3-letter agencies.

 

[Alamo]

Some trivia notes:

The previously mentioned William P. MacCracken, as Assistant Secretary of Commerce for Aeronautics, was the first federal regulator of commercial aviation and in 1927 received the first US government issued private pilot’s license, License Number 1. He offered it to Orville Wright first, but Orville declined saying he didn’t fly any more and he didn’t need a federal document to remind him he was the first pilot to achieve powered flight. Heh.

When MacCracken reported for his sentence, he want to the home of the Senate Sergeant at Arms, Chesley Jurney. Jurney had no place to put him, as the Capitol had no jail or holding facility, so MacCracken stayed at Jurney’s home for the night. Jurney then took MacCracken to a hotel for the remainder of his incarceration. This is a lot better deal than the other lawyer, Brittin. The Senate sentenced MacCracken and Brittin both to 10 days in the Washington DC jail. Brittin didn’t fight it and just reported to jail. MacCracken fought thru SCOTUS and got a hotel room. Basically a slap on the wrist. He went on to a long, successful law career.

The Capitol Police Chief reports to the Capitol Police Board composed of the Senate Sergeant at Arms and the House Sergeant at Arms and chaired by the Architect of the Capitol, who has the unfortunate acronym of “AOC“. The Senate Sergeant at Arms, her deputy, and her chief of staff were all appointed by Chuck Schumer, who touts them as the first all-female leadership team in the office of the Sergeant at Arms. The AOC was recently appointed by a bipartisan and bicameral commission of the House and Senate. The House Sergeant at Arms was appointed by Speaker McCarthy.

From what I’ve read the Capitol Police Chief gets jerked back and forth by the two Sergeants at Arms. How pleasant.

According to the AOC’s website there is no jail or holding facility or “guard room” in the Capitol, and hasn't been since at least 1889, maybe farther back.
https://www.aoc.gov/explore-capitol-campus/capitol-hill-facts/prisons
When AG Barr was stiff-arming congressional Democrats the “Inherent Contempt“ card was floated, and the press gleefully pursued figuring out where he was going to be frog-marched to.

Capitol Police officers from multiple divisions told CQ Roll Call that no House jail exists, though Capitol Police headquarters on D Street Northeast does have a holding facility.

One Capitol Police officer joked that if they don’t know where the alleged holding cell in the Capitol basement is, but Pelosi does, the speaker might have to escort any prisoner, say, like Barr, personally.

However Pelosi quashed using “Inherent Contempt” so she never had to go wander around the Capitol basement to find a closet to put Bill Barr in.
https://rollcall.com/2019/05/08/just-where-is-this-secret-house-jail-located/

Anyway, Republicans should pursue inherent contempt for as long as it is useful politically, but the legal back-and—forthing that will occur, just as it did with McCracken, will take longer than we have until the next presidential election.

Anything short of a SCOTUS decision, Garland is not going to drop a bead of sweat about being incarcerated and no one in Washington, no not even the Capitol Police, is going to lift a finger to grab him. No one will budge until SCOTUS rules.

And even if there is a SCOTUS decision in favor of locking him up, unless Trump wins and the Reps hold the House, nothing will happen. A Dem House will vote to drop it, and a Dem House and Senate will be busy impeaching Thomas and Alito and the other conservative justices plus adding six new positions so they can rule unfettered.

 

[Shadow01]

My only wish is that he could be in prisoned at Rikers Island in gen pop.

 

[phylodog]

My only wish is that he could be in prisoned at Rikers Island in gen pop.

That type of treatment is reserved for outsiders who have the audacity to interrupt business as usual by getting elected. Otherwise, our ruling class doesn't do that sort of thing to one another. Everyone has dirt on everyone else so we get to watch this theater, they pretend like they're accomplishing something and they get to continue their "representing" and "serving".

 

[Creedmoor]

I mentioned the 1927 SCOTUS Decision regarding Congressional Inherent Contempt. It was last used in 1934 during the "Air Mail Scandal" when former Assistant Secretary of Commerce for Aeronautics (and lawyer) William MacCracken was found in Inherent Contempt by the Senate for destroying evidence the Senate had subpoenaed. He was sentenced by the Senate to 10 days incarceration and promptly filed a Writ of Habeas Corpus in the Federal Courts challenging its constitutionality. The courts backed up the Senate and it found its way to SCOTUS, which told MacCracken in 1935 the Senate could indeed punish him with incarceration. He surrendered to the Senate Sergeant at Arms to serve his sentence. He was held for 10 days in a D.C. hotel room. The SCOTUS case is Jurney v. MacCracken, 1935. Jurney was the Senate Sergeant at Arms.

Had he not destroyed the documents subpoenaed after receiving the subpoena, he could have been held until he produced them, similar to what a court will do to compel document production or testimony. They were nice to him regarding the hotel room. There is a small jail cell complex inside the Capitol Building in which a person can be held in a real jail.

As a elementary school kid we were always going on field trips to different DC Federal Buildings to take tours. I remember sitting on the steps of The Capitol, having lunch in one of the restaurants, seeing a few offices, seeing the Chambers and the jail. Then we rode the little subway to another building and back.

 

[JAL]

Some trivia notes:
. . .
When AG Barr was stiff-arming congressional Democrats the “Inherent Contempt“ card was floated, and the press gleefully pursued figuring out where he was going to be frog-marched to.
. . .

And even if there is a SCOTUS decision in favor of locking him up, unless Trump wins and the Reps hold the House, nothing will happen. A Dem House will vote to drop it, and a Dem House and Senate will be busy impeaching Thomas and Alito and the other conservative justices plus adding six new positions so they can rule unfettered.

The Congressman who urged Pelosi to use the Inherent Contempt Nuke Option was [drum roll] "Bandana Head" Jamie Raskin.

Senate conviction requires a 2/3 supermajority and has never succeeded to remove a POTUS or major cabinet member. Senate Cloture requires 60 votes and you'll never get that to expand the court. That has been floated several times over the past eight years and failed.

 

[Creedmoor]

The Congressman who urged Pelosi to use the Inherent Contempt Nuke Option was [drum roll] "Bandana Head" Jamie Raskin.

Senate conviction requires a 2/3 supermajority and has never succeeded to remove a POTUS or major cabinet member. Senate Cloture requires 60 votes and you'll never get that to expand the court. That has been floated several times over the past eight years and failed.

Jamie, another DC turd.

 

[Alamo]

So the Florida rep is trying to push this thru.

If you follow the X link below, you will also find out that apparently Merrick Garland is calling selected Republicans and urging them to oppose the “inherent contempt” move.

 

[wtburnette]

So the Florida rep is trying to push this thru.

If you follow the X link below, you will also find out that apparently Merrick Garland is calling selected Republicans and urging them to oppose the “inherent contempt” move.

Wonder what type of coercion he's using in these calls? Sure as heck isn't asking nicely.

 

[JAL]

So the Florida rep is trying to push this thru.

If you follow the X link below, you will also find out that apparently Merrick Garland is calling selected Republicans and urging them to oppose the “inherent contempt” move.

I'm hoping it goes to the floor and passes . . . with Sergeant at Arms plus deputies going to DOJ to seize Merrick Garland.

 

[cbhausen]

I'm hoping it goes to the floor and passes . . . with Sergeant at Arms plus deputies going to DOJ to seize Merrick Garland.

This would be so delicious!

 

[Magyars]