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Can Congress Impeach Comey? Can Immunity Be Revoked For Any Reason?

Posted on 09/28/2016 2:09:07 PM PDT by Be Careful

Any Legal Eagles out there that know if Immunity can be removed for 'bad faith', perjury, etc etc etc?


TOPICS: Miscellaneous
KEYWORDS: comey; fbi; weasels
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To: Ray76

Congress can only override a veto with a two thirds majority in both houses. That’s not possible for any bill the Democrats don’t like. Sunset bills also require the president’s signature.


21 posted on 09/28/2016 4:54:34 PM PDT by norwaypinesavage (The Stone Age did not end because we ran out of stones)
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To: norwaypinesavage

> Sunset bills also require the president’s signature.

Just to clarify, I did’t mean a bill to sunset an agency, I meant the bill that creates an agency has a built-in sunset provision.

Of course to start implementing this would require bills to sunset all agencies. Then the agencies would have to be recreated by bills with sunset provisions.

Click through to the article at this link http://www.freerepublic.com/focus/f-bloggers/3315932/posts


22 posted on 09/28/2016 5:06:09 PM PDT by Ray76
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To: Ray76

did’t = didn’t


23 posted on 09/28/2016 5:08:38 PM PDT by Ray76
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To: tennmountainman

the agents were most likely ordered to do a poor job, or risk getting fostered. i am sure they were ordered not to record it, like std operating procedure.


24 posted on 09/28/2016 5:47:56 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Ray76

This thread started when you said that congress could end the DOJ and the FBI. Congress doesn’t have the power to do this without either the president’s support, or a 2/3 majority in both houses. Congress has neither, so your statement was incorrect. It’s important to stick with realistic expectations.


25 posted on 09/28/2016 6:33:00 PM PDT by norwaypinesavage (The Stone Age did not end because we ran out of stones)
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To: norwaypinesavage

Congress most certain does have the power.

You’re thinking about politics, not legality - which is what my comment was directed at, hence the link to the DOJ page listing the statutes by which is was created.


26 posted on 09/28/2016 6:37:30 PM PDT by Ray76
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To: Be Careful

Now is your Chance to do the Right Thing for ONCE in your Life:
Find Comey and Lynch in CONTEMPT AND JAIL THEM YOURSELF!!!

Congress has ALL the power in washington, the executive and judicial branch operate according to the whims of CONGRESS!

“U.S. CODE
TITLE 2—THE CONGRESS
CHAPTER 6—CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
Sec. 193. Privilege of witnesses
No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.”

Simply look up Hinds Precedents, especially chapters 53 and 51, and Cannon’s Precedents, especially chapters 184-185. You’ll find numerous detailed cases of Congress asserting its power, arresting people, holding them until they agreed to answer questions, and then releasing them. Some of these people did not refuse to appear, but simply failed to satisfactorily answer questions. One has to wonder how a previous Congress might have responded to Alberto Gonzales’s endless recitations of “I do not recall.”

Congress can Remove the President
Congress can remove the head of every executive agency Congress can remove ALL of their employees
Congress can Abolish every agency they so choose
Congress can remove EVERY JUDGE IN AMERICA, including every supreme court justice.
Congress can abolish every federal court except the supreme Court
Congress can decide which cases the Judicial Branch can hear and decide
CONGRESS can Imprison ANYONE they want for any reason they so desire for as long as they wish.
Congress can declare WAR

No other governing body has even 10% of the power CONGRESS has!!

CONGRESS IS ALLOWING ALL OF IT!!!

Congress has the authority to arrest and imprison those found in Contempt. The power extends throughout the United States and is an inherent power (does not depend upon legislated act)

If found in Contempt the person can be arrested under a warrant of the Speaker of the House of Representatives or President of the Senate, by the respective Sergeant at Arms.

Statutory criminal contempt is an alternative to inherent contempt.

Under the inherent contempt power Congress may imprison a person for a specific period of time or an indefinite period of time, except a person imprisoned by the House of Representatives may not be imprisoned beyond adjournment of a session of Congress.

Imprisonment may be coercive or punitive.

Some references

[1] Joseph Story’s Commentaries on the Constitution, Volume 2, § 842 http://press-pubs.uchicago.edu/founders/print_documents/a1_5s21.html

[2] Anderson v. Dunn - 19 U.S. 204 - “And, as to the distance to which the process might reach, it is very clear that there exists no reason for confining its operation to the limits of the District of Columbia; after passing those limits, we know no bounds that can be prescribed to its range but those of the United States.” http://supreme.justia.com/cases/federal/us/19/204/case.html

[3] Jurney v. MacCracken, 294 U.S. 125 http://supreme.justia.com/cases/federal/us/294/125/case.html 73rd Cong., 78 Cong. Rec. 2410 (1934) https://archive.org/details/congressionalrec78aunit

[4] McGrain v. Daugherty, 273 U.S. 135 - Under a warrant issued by the President of the Senate the Deputy to the Senate Sergeant at Arms arrested at Cincinnati, Ohio, Mally S. Daugherty, who had been twice subpoenaed by the Senate and twice failed to appear. http://supreme.justia.com/cases/federal/us/273/135/case.html

[5] Rules of the House of Representatives, Rule IV Duties of the Sergeant at Arms - [] execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker. http://www.gpo.gov/fdsys/pkg/HMAN-105/pdf/HMAN-105-pg348.pdf

[6] An analysis of Congressional inquiry, subpoena, and enforcement http://www.constitutionproject.org/documents/when-congress-comes-calling-a-primer-on-the-principles-practices-and-pragmatics-of-legislative-inquiry/


27 posted on 09/28/2016 7:17:30 PM PDT by eyeamok (destruction of government records.)
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To: norwaypinesavage

A divided Congress Could easily END the FBI and the DOJ by REFUSING to Fund it in the House, REGARDLESS of what the President or Senate Wants.


28 posted on 09/28/2016 7:22:12 PM PDT by eyeamok (destruction of government records.)
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To: eyeamok

Not true. The president STILL has to sign the bill that stops the funding.


29 posted on 09/29/2016 4:47:33 AM PDT by norwaypinesavage (The Stone Age did not end because we ran out of stones)
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To: Ray76
"Congress most certain does have the power. You’re thinking about politics, not legality"

That's not true, at all. Congress has power to WRITE bills. The president still has to sign them. It always takes a 2/3 vote to override his veto.

30 posted on 09/29/2016 4:50:38 AM PDT by norwaypinesavage (The Stone Age did not end because we ran out of stones)
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To: norwaypinesavage

The original process was for the House to have to take positive action to fund the government, with the Senate and Exec having some say.

What has happened is that various methods are used to fund the government perpetually, with positive action being required to halt funding.

It certainly *was* intended that the House could simply refuse to fund areas of the government, with the Senate, Exec and interested private parties left to be mere supplicants.


31 posted on 09/29/2016 4:58:23 AM PDT by jjotto ("Ya could look it up!")
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To: jjotto
"It certainly *was* intended that the House could simply refuse to fund areas of the government."

That's simply not so. It has always been that the house writes the funding bills, the senate approves them, and the president signs them. It has always taken all three to Tango.

32 posted on 09/29/2016 5:08:31 AM PDT by norwaypinesavage (The Stone Age did not end because we ran out of stones)
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To: Ray76
I would add the Necessary and Proper Clause should be blotted out of the Constitution and replaced with "any act or agency that affects the States not included in Article I, Section 8, being deemed Necessary and Proper by Congress, must have a concurrence by a majority of the States for (Insert time frame) then processed for review and renewal."

I don't care about any potential bottlenecks (Alternative is worse), in fact the States can most likely deal with internal problems better than a Federal leviathan.
33 posted on 09/29/2016 5:29:04 AM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: Be Careful

If Congress can show that Comey violated the terms of the immunity deal then all bets are off. He can be impeached, removed from his position, and then charged and tried.


34 posted on 09/29/2016 5:33:46 AM PDT by DoodleDawg
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To: rollo tomasi

It was called the Senate until destroyed by the 17th Amend.


35 posted on 09/29/2016 7:00:34 AM PDT by Ray76
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To: Ray76
Administrative Law in the US started evolving well before the 17th Amendment.
36 posted on 09/29/2016 5:02:45 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: rollo tomasi

Your “concurrence by a majority of the States” is served by the Senate.


37 posted on 09/29/2016 5:08:35 PM PDT by Ray76
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To: Ray76
The Senate was broken before the 17th. Looking directly at the times before the 17th meant open seats and deadlocked State Legislatures still arguing who to appoint. A fractured Senate concerning legislation which grew the influence of the Fed. government was not out of the norm. Look at Reconstruction and the spoils that went to the victors after the Civil War.

Necessary and Proper clause (And bastardizing the context) instigated all of this. By putting specific policies into the control of the State Legislatures/Governors themselves they could avoid all the gridlock/corruption/rise of two dominant political parties that mired the appointment of Senators at that time.

Anti-federalists were correct in their assessment of this clause and how AL would evolve under the Constitution.
38 posted on 09/29/2016 5:23:55 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: rollo tomasi

> By putting specific policies into the control of the State Legislatures/Governors themselves...

State legislatures used to command their U.S. Senators.

There is no need to create a new institution, the encumbrances placed on the existing institution need to be removed.


39 posted on 09/29/2016 5:42:58 PM PDT by Ray76
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To: Ray76
"State legislatures used to command their U.S. Senators."

And when there was gridlock, then what? Again, as voting rights were expanded and two dominant political parties emerged, the Senate became a haven of political favors/corruption and State infighting. A system where few who were allowed to vote (Land owners) maintained some type of consistent ideological pattern (Some fundamental opposition occurred, slavery and Federal expansion as examples), but after the Civil War... You bypass this by having States directly vote for any type of Federal expansion.

Again, this flaw was pointed out before the Constitution was even ratified. Also AL was emerging decades before the 17th.
40 posted on 09/30/2016 4:37:22 AM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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