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deminks Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-27-07 01:05 PM
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Contempt of Congress wiki
I don't know if it will come to this, but here is some info on what happens when subpeonas are ignored (except in the case of Condi, who is 'special')

http://en.wikipedia.org/wiki/Contempt_of_Congress

Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. While historically the bribery of a Senator or Representative was considered "contempt of Congress," in modern times a person must refuse to comply with a subpoena issued by a Congressional committee or subcommittee - usually seeking to compel either testimony or documents - in order to be considered in "contempt of Congress."

(snip)

As announced in Wilkinson v. United States, 365 U.S. 399 (1961), the Congressional committee must meet three requirements for its subpoenas to be "legally sufficient." First, the committee investigation of the broad subject area must be authorized by its Chamber; second, the investigation must pursue "a valid legislative purpose" but does not need to involve legislation and does not need to specify the ultimate intent of Congress; and third, the specific inquiries must be pertinent to the subject matter area which have been authorized for investigation.

Inherent contempt

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited for contempt is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subject to punishment that the House may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation.)

Concerned with the time-consuming nature of a contempt proceeding and the inability to extend punishment further than the session of the Congress concerned (under Supreme Court rulings), Congress created a statutory process in 1857. While Congress retains its "inherent contempt" authority and may exercise it at any time, this inherent contempt process has not been exercised by either House in over 70 years.

Statutory proceedings

Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia<1>; according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action.

The criminal offense of "contempt of Congress" sets the penalty at not less than one month nor more than twelve months in jail and a fine of not less than $100 nor more than $1,000. Those penalties are enforced upon conviction, even if the Congress which initiated the contempt citation has expired.

The statutory procedure has generally been used by Congress since 1935. While the law pronounces the "duty" of the U.S. Attorney is to impanel a grand jury for its action on the matter, dispute exists over whether the Congress can properly compel the U.S. Attorney to take this action, as the U.S. Attorney is a member of the Executive Branch who ultimately reports to the President. (The Courts have been reluctant to decide this question, claiming it is a "political question" for resolution by the elected branches of government.)


Civil procedures

Senate Rules authorize the Senate to direct the Senate Legal Counsel to file a civil action against any private individual found in contempt. Upon motion by the Senate, the federal district court issues another order for a person to comply with Senate process. If the subject then refuses to comply with the Court's order, the person may be cited for contempt of court and may incur sanctions imposed by the Court. The process has been used at least six times; but the civil procedure can only be used against Executive branch officials "in certain limited circumstances."

(end snips)

I personally want the inherent contempt proceedings brought back.



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deepthought42 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-27-07 01:44 PM
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1. Wouldn't that be nice?
Oh it would just make my day/week/month/year/life to see them held in contempt... *wistful sigh*
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