Obsidian Wings

Assorted Random Thoughts....(Thread that is Open)

by Ugh

The GoT finale was okay and overly-criticized.  

Uber IPO:  Ha ha (he says, as he needs to submit receipts for Ubers taken on his last work trip...).

I still haven't seen Avengers: Endgame.

I don't understand the group of lawyers (and others) who are dedicated to preserving/expanding/keeping the supremacy of the Executive/Presidential power.  This is necessary b/c why?

People need to use their turn signals more often and earlier.

What book should I read next?

The current spate of abortion bans are unconstitutional for the reasons expressed on Roe as well as under the 8th and 9th amendments.

Go GS Warriors.

OPEN THREAD!

Inherent Contempt

by wj

No, this is not about the contempt for others, or contempt for the law, that seem inherent in the personality of certain public figures. At least not directly. Rather, it is about Contempt of Congress and how it plays out.

As you may be aware, the House Judiciary Committee is in the process of finding Attorney General Barr in contempt. The cogent question is: What happens next?

Normally, when someone is found in contempt of Congress, the United States Attorney takes them before a grand jury. But there is some reason to doubt that this will happen in this case. Which is unusual, but not unheard of the past few years. In which case, Congress usually moves to Plan B:

Alternatively, the Congress can launch a civil suit to compel compliance. This can result in a court order – something even the more recalcitrant individuals are generally unwilling to blow off. The down side is, if the defendant stalls and launches appeals, it can take months before the matter is resolved. And if the delay extends past the next election, the case gets dropped.

But, it develops, there is a third alternative. It hasn’t been used in decades, but there is solid case law, including Supreme Court decisions, upholding it. It’s called “inherent contempt”. In this, the House (or Senate) Sergeant-At-Arms (or his deputy) acts as a police officer to arrest and detain the individual in contempt. I’m not sure exactly where the Congress would detain him, but presumably they can find some place suitable.

But the question that leaps to my mind is this. Suppose the issue is the refusal of an individual to produce records in response to a subpoena. Does inherent contempt extend to having the Sergeant-At-Arms physically seize the subpoenaed records?

I can see where this would be straightforward, at least in principle, in the case of Congress wanting an unredacted copy of the Mueller Report. Finding a copy at the Justice Department shouldn’t be that difficult, and even at a few hundred pages it should be easy enough for one person to pick up and carry out. Getting Mr. Trump’s tax returns could be more of a challenge. But it should still be possible to find out where the IRS has them, rent a truck, and send a couple of guys to load them up. Wouldn't that be fun?

Open Thread (because we're overdue for one)