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1. There are three methods for dealing w/ noncompliance to Congressional subpoenas; each invokes authority from one of three branches of Gov:
1) Inherent Contempt
—Authority of Congress
2) Criminal Contempt
—Authority of Executive
3) Civil Contempt
—Authority of Judiciary
1) Inherent Contempt
—Authority of Congress
2) Criminal Contempt
—Authority of Executive
3) Civil Contempt
—Authority of Judiciary
2. The House Judiciary Cmte is pursuing Criminal Contempt.
The Cmte votes today on resolution recommending Pelosi hold a full House chamber vote citing AG Barr w/ Criminal Contempt for noncompliance w/ subpoenas for full unredacted Mueller Report.
(2 U.S.C. § 194 and § 194).
The Cmte votes today on resolution recommending Pelosi hold a full House chamber vote citing AG Barr w/ Criminal Contempt for noncompliance w/ subpoenas for full unredacted Mueller Report.
(2 U.S.C. § 194 and § 194).
3. Next steps
a) Pelosi schedules full House vote on Barr Contempt citation.
b) If approved, citation is sent to US Attorney for DC, Jessie Liu.
c) Liu decides whether to prosecute her boss, Atty-Gen Barr.
d) If Liu prosecutes, she presents Contempt citation to DC Grand Jury.
a) Pelosi schedules full House vote on Barr Contempt citation.
b) If approved, citation is sent to US Attorney for DC, Jessie Liu.
c) Liu decides whether to prosecute her boss, Atty-Gen Barr.
d) If Liu prosecutes, she presents Contempt citation to DC Grand Jury.
4. As a result of White House invoking blanket #ExecutivePrivilege over Mueller Report, Barr Contempt citation (vote pending) still goes to Liu (US Attorney for DC), but she will have to sit on it until DC Circuit Court rules on Trump Privilege claim.
5. Gaming out Barr Contempt citation.
House has brought five criminal #ContemptOfCongress citations against Executive Branch officials since 1982.
In all five cases, US Attorney for DC declined to prosecute (four on basis of Prosecutorial Discretion).
House has brought five criminal #ContemptOfCongress citations against Executive Branch officials since 1982.
In all five cases, US Attorney for DC declined to prosecute (four on basis of Prosecutorial Discretion).
6. Clearing up confusion over Trump's #ExecutivePrivilege wrench in Barr Contempt over Mueller Report.
Bottom line: all recent Contempt cases involving executive privilege essentially stopped Congressional subpoena process in its tracks.
So why didn't delay work for Nixon?
Bottom line: all recent Contempt cases involving executive privilege essentially stopped Congressional subpoena process in its tracks.
So why didn't delay work for Nixon?
7. The reason overriding Executive Privilege in court moved faster against Nixon is that he faced the real threat of Inherent Contempt, not Criminal Contempt.
As noted in Tweet 1 of this thread, Congress invokes Inherent Contempt under authority of its own constitutional power.
As noted in Tweet 1 of this thread, Congress invokes Inherent Contempt under authority of its own constitutional power.
8. Which begs the question of why House Judiciary didn't pursue Inherent Contempt instead of Criminal Contempt?
Answer: Because optimal use of Inherent Contempt is during the Special Cmte proceedings of an active impeachment inquiry (eg, Senate Ervin Cmte; Nixon Impeachment).
Answer: Because optimal use of Inherent Contempt is during the Special Cmte proceedings of an active impeachment inquiry (eg, Senate Ervin Cmte; Nixon Impeachment).
9. Decent timing, but subpar irony wrt Barr contempt charge.
Holder got two Contempt citations: criminal & civil—Barr only got one today: criminal (vote pending). Holder criminal case died on the vine (as will Barr's).
This settlement is for civil case.
Holder got two Contempt citations: criminal & civil—Barr only got one today: criminal (vote pending). Holder criminal case died on the vine (as will Barr's).
This settlement is for civil case.
