Wednesday, July 11, 2007

What Would Happen if the Administration Continues to Defy the Subpoenas?

What Would Happen if the Administration Continues to Defy the Subpoenas?:

excerpt:

"Second, Congress can itself prosecute the contumacious official(s) to coerce them to comply -- a power that the Supreme Court has affirmed. See Jurney v. MacCracken, 294 U.S. 125 (1935); Anderson v. Dunn, 19 U.S. (6 Wheat.) 204 (1821); see also Groppi v. Leslie, 404 U.S. 496, 499 (1972). As Justice Scalia explained in Young v. U.S. ex rel. Vuitton et Fils, S.A., 481 U.S. at 820, this legislative prosecution authority is a constitutional anomaly of sorts -- a 'limited power of self-defense' for Congress, permissible because 'any other course 'leads to the total annihilation of the power of the House of Representatives to guard itself from contempts, and leaves it exposed to every indignity and interruption that rudeness, caprice, or even conspiracy, may meditate against it'' (quoting Anderson)."

Congress has not invoked this authority since 1935 and, as far as I know, has never used it against a current or former government official. (The closest case was probably the contempt at issue in McGrain v. Daugherty, 273 U.S. 135 (1927), which was imposed against Mally Daugherty, a bank president and the brother of resigned and disgraced Attorney General Harry Daugherty, who Congress was investigating in connection with the Teapot Dome scandal.)

from the website of the Senate Sargeant-at-Arms:

"As chief law enforcement officer of the Senate, the Sergeant at Arms is charged with maintaining security in the Capitol and all Senate buildings, as well as protection of the members themselves. The Sergeant at Arms serves as the executive officer of the Senate for enforcement of all rules of the Committee on Rules and Administration regulating the Senate Wing of the Capitol and the Senate Office Buildings and has responsibility for and immediate supervision of the Senate floor, chamber and galleries. The Sergeant at Arms is authorized to arrest and detain any person violating Senate rules, including the President of the United States."

No comments: