Thread by @kurteichenwald

1. When the executive branch is playing Constitutional hardball - undermining checks & balances - here is what Congress is empowered by law to do and should do. If they do not, @SpeakerPelosi @RepAdamSchiff @RepJerryNadler are not strong enough for their jobs. First, why do it...

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler 2...Unprecedented behavior by the Executive in violation of law requires Congress to use every tool in its arsenal. In this case, the power is inherent contempt.

The scheme of the Trump Admin is to knowingly violate oversight requirements and say "screw you...take us to court"..

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler 3...that is actually quite powerful, and running to the courts to enforce the law is often pointless because it takes forever to get through and the probabilities of prosecution is low. As the Congressional Research Service wrote....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler 4...the actual power that exists for Congress is called "inherent contempt." That power, confirmed by SCOTUS in Anderson v. Dunn and reiterated in McGrain v. Daugherty, gives the Congress the power to call for the arrest of an individual by the Sergeant at Arms and brought....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler 5...before the House (or the Senate, but in this case the House.) That person is then tried before the House, but imprisoned during the trial. If convicted, that person is going to jail. This is a REAL power of the Congress, and one that in this unusual situation - with an...

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler 6...executive that is literally refusing to abide by the law - must be exercised or Congress is ceding its authority and equal-power position for all time.

So, here is how it happens. @ODNIgov Joseph Maguire is brought before the House Intel Committee. He is informed that...

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 7....under Title VII of Public Law No. 105-272, he is required to turn over any whistleblower complaint deemed by the OIG to be credible and urgent. He is asked, "Was this complaint deemed as such by the OIG, yes or no?" When Maguire says yes, @RepAdamSchiff says "Give it to us..

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 8...as required by law." If Maguire does, move on. If refuses, @RepAdamSchiff calls for him to be held in inherent contempt, there is a vote, and says, "Sergeant at Arms, take Mr. Maguire into custody." He is then imprisoned until he "cures" the contempt by abiding by the law...

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 9...in other words, turning over the complaint. If he still refuses, Maguire is brought before the House and tried for inherent contempt. Throughout the trial, he is imprisoned. If convicted, as he would be since the law is quite clear, he is then sent to jail.

Next up....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 10...Charles P. Rettig, IRS Commissioner, is brought before Judiciary Committee. @RepJerryNadler reads him the law that shows he is REQUIRED to provide Trump's tax records when requested by the Committee. Nadler asks, "Sir, will you or will you not abide by that law?" ....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 11....if Rettig refuses, Nadler calls for a vote, then instructs the Sergeant at Arms to take Rettig into custody on the charge of inherent contempt. He will then be held in jail pending trial. And he is convicted again - law here is quite clear....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 12...next, bring in Barr and every other official that refuses to testify. Same process. Lock them all up.

However, it will not have to go that far. This would only need to be done ONCE to show that the Congress is serious about exercising its authority.....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 13...to provide oversight to the Executive Branch, and particularly intelligence. These people might risk getting bad press for Trump, but not a lot of them are going to want to be torn away from their families and get a criminal record for him....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 14...this is the problem with @SpeakerPelosi @RepJerryNadler @RepAdamSchiff et. al. They are up against a party that utilizes authority it does not have - Merrick Garland anyone? - while they in turn refuse to utilize the legal authority they DO have....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 15...so stop calling for impeachment. That is far away and requires the Senate. Inherent obstruction does not, and in this case, the refusal of the executive to abide by the laws pertaining to oversight are far more important issues....

@SpeakerPelosi @RepAdamSchiff @RepJerryNadler @ODNIgov 16...demand @SpeakerPelosi @RepJerryNadler @RepAdamSchiff and others start using their inherent contempt authority - which DOES NOT require Senate - to confront lawbreaking by the Executive branch in its refusal to abide by law for oversight. DEMAND this, or kiss laws goodbye.