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I've long argued that it's a fantasy to call for Congress to exercise inherent contempt (ordering the Sergeant at Arms to take a witness into custody until they comply with a subpoena) re: Barr or Mnuchin. This situation might be different, though. Here's why:
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There are three ways Congress can compel obedience to a subpoena: 1) ask DOJ to prosecute the contemnor, 2) ask a court to do so, or 3) inherent contempt. For the past century, Congress only has used options 1 & 2. BUT:
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1) THIS DOJ refuses to enforce Congressional subpoenas against Administration officials.
2) This DOJ just filed a pleading arguing that Congressional committees constitutionally are not allowed to ask courts to do so. (I discuss this here:
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2) This DOJ just filed a pleading arguing that Congressional committees constitutionally are not allowed to ask courts to do so. (I discuss this here:
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(@lawfareblog has a good discussion of the Congressional rules background to that last point here: lawfareblog.com/house-streamli….)
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@lawfareblog So if the DOJ refuses to enforce congress's subpoenas, and DOJ believes congressional committees can't ask courts to do so (an argument the courts have not yet resolved), that leaves Option 3: arrest the recalcitrant motherfucker and hold him until he complies.
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@lawfareblog This case is perfect for a demonstration of inherent contempt power, because the Intelligence Community Inspector General has ruled that the secret whistleblower's complaint is not only credible, but "urgent." "Urgent" makes a HUGE difference.
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@lawfareblog Shiff has ordered the acting Director of National Intelligence to produce the whistleblower's report by September 17, and if he does not do so, to appear before the Intelligence Committee to testify on 9/19.
The DNI being IN THE BUILDING is a perfect oppty to arrest him.
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The DNI being IN THE BUILDING is a perfect oppty to arrest him.
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@lawfareblog So I say to @AdamSchiff: do it, brother. Ask: will you produce the report? And when he refuses, say, "okay. Sergeant-at-Arms, take this man into custody until he complies, because urgent matters of national security are at stake."
Live. On C-SPAN. YOLO. Do it. End this BS.
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Live. On C-SPAN. YOLO. Do it. End this BS.
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