Question about inherent contempt......

[demgurl]

Please excuse my ignorance but I was wondering if someone convicted of inherent contempt can be pardoned or their sentence commuted?

[DURHAM D]

1. Good question - I also have a question.

How do they get her ass back in D.C. and into jail. Congress doesn't have a sheriff and I don't think any of the agencies would want to pick her up.

[RufusEarl]

3. I may be wrong about this!

But i believe that the US marshal service, come under the jurisdiction of congress.

[demgurl]

4. According to what Keith Olbermann had on his program.....

here is what would happen as far as being arrested:

According to Jonathan Turley, if charged with Inherent Contempt, Miers would be arrested by the Sergeant-At-Arms, frog marched directly to Congress and tried on the spot.

[DURHAM D]

9. I heard on Randi the other day that the S-A-A is no

longer armed. Is the SAA a group of people or just one person. Are the capital police under his jurisdiction? Can they leave the area? Do they have jurisdiction in a state?

Also, if they have to go to Texas to get her won't she just hide. If she hides who will help catch her? I think the U.S. Marshalls are under the Justice Department.

[Bitwit1234]

6. The sgt-at-arms

under authority of the congress of the United States has the autority to pick her up. And if they wait til congress recesses she and Josh Bolton have to stay in jail til congress re-convenes. Please let that happen. AND remember they don't get to go to the federal country club, it is a regular jail.

[DURHAM D]

11. According to John Dean -

they have to stay in jail until the end of the session - not recess. Also, the jail is actually in the basement of the Capital according to Dean. Dean actually said (on Randi) they could give her some water and a loaf of bread and go on vacation.

[TahitiNut]

7. The Sergeant-At-Arms has authority to arrest within the terrirtorial boundaries of the U.S.

Indeed, even members of the relevant chamber (i.e. Senators and Representatives) can themselves be brought to that chamber under certain circumstances.

[DURHAM D]

10. Thanks. eom

[Ian David]

12. Maybe a state Governor can order his National Guard units to enforce it. n/t

[DURHAM D]

13. Interesting suggestion.

When she resigned she said she was going to Texas. Think the governor of Texas would call out the guard? I bet she is actually living in Virginia.

This could all get very interesting. Come on Dems - stir some shit up.

[TahitiNut]

2. See ...

http://journals.democraticunderground.com/TahitiNut/397

This question has been discussed on several blogs (Kos, etc.) and the best (imho) conclusion is that AT LEAST where the Inherent Contempt citation is more coercive than punitive it's not pardonable. (Pardons apply to criminal sentences, not civil actions.) I personally don't believe a good case can be made for a pardon in any case. It'd violate the very separation of powers doctrine which is being asserted. Nonetheless, even if there's a Presidential pardon, all the House or Senate would have to do is issue another subpoena immediately and start the merry-go-round all over again.

The civil contempt provisions afforded the Senate would clearly not be subject to a pardon, but that course of action is problematic. Inherent Contempt is clearly the most viable approach, imho.

[demgurl]

5. Tahiti, you are the best.

As I have stated before, you are a font of knowledge. You'll educate me yet.

Thanks for the information. I guess I was confused because KO talked about Miers being tried on the spot and I know with a normal contempt charge you can be given a sentence and jail time. I always think of being 'tried' as a real court type of appearance.

I have to go out right now but I will read that when I get back. THANKS!

[Bitwit1234]

8. Inherent contempt

used to be a regular procedure. But it became so cumbersome, because the house was becoming overwhelmed with the volume. So they went to the statuary contempt where the justice department took them before a grand jury. It was done many, many times, and so it is not new. It was stopped only because there was getting to be too many cases. The house could not find time for regular duties.

[demgurl]

14. I knew they had not done inherent contempt

since something like 1934 I believe. I was just wondering if there was any way that * could subvert justice as our reps took care of Miers. I know this would have to be inherent since there is no way Gonzales would ever do anything to Miers. They are all in this together and the attorney issue directly involves Gonzales.