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House could arrest Holder with inherent contempt power
Washington Times ^ | Friday June 13, 2012

Posted on 06/29/2012 8:29:49 AM PDT by Bigtigermike

Despite voting to hold Attorney General Eric H. Holder Jr. in contempt of Congress, there’s little House Republicans can do in the short term to compel him to turn over documents — unless it wanted to revisit a long-dormant power and arrest him.

The thought is shocking, and conjures up a Hollywood-ready standoff scene between House police and the FBI agents who protect the attorney general. It’s a dramatic and unlikely possibility not least because Congress doesn’t even have a jail any longer. But in theory it could happen.

Republicans say it’s not even under consideration, with House Speaker John A. Boehner’s spokesman flatly ruling it out.

But the process, known as inherent contempt, is well-established by precedent, has been confirmed by multiple Supreme Court rulings, and is available to any Congress willing to force such a confrontation.

“The House is scared to death to use the inherent contempt power,” said Mort Rosenberg, a fellow at the Constitution Project and author of “When Congress Comes Calling.” “They’re scared to death because the courts have said … the way the contempt power is used is unseemly. It’s not that it’s unconstitutional, because it’s been upheld by four Supreme Court decisions, but unseemly to have somebody go arrest the attorney general.”

(Excerpt) Read more at m.washingtontimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events; Politics/Elections
KEYWORDS: 2deadfeds; 300deadmexicans; arrest; atf; banglist; brianterry; dea; dhs; doj; fastandfurious; fastfurious; fbi; gop; gunrunner; gunwalker; holder; ice; jaimezapata; murdergate; obama; terry; zapata
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1 posted on 06/29/2012 8:30:01 AM PDT by Bigtigermike
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To: Bigtigermike

Its unseemly to have an Attorney General who needs to be arrested.


2 posted on 06/29/2012 8:32:30 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Bigtigermike

**Republicans say it’s not even under consideration, with House Speaker John A. Boehner’s spokesman flatly ruling it out.***

I would expect nothing less from Mr. Boehner.


3 posted on 06/29/2012 8:33:33 AM PDT by MichaelCorleone ('We the People' can and will take this country back...starting today.)
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To: Bigtigermike

The Dems were all hot to do it to Miers and Bolton:

http://www.nytimes.com/2007/12/04/opinion/04tue4.html?_r=1

Over-reaching IMO.


4 posted on 06/29/2012 8:34:51 AM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Bigtigermike

A court case will take time, meaning there’s little immediate effect of the two contempt votes.
____________________________________________________________________________________________________________________________

So, nothing changes. What a friggin’ joke our Congress is.


5 posted on 06/29/2012 8:35:04 AM PDT by no dems (On June 28th, they shoved ObamaCare down our throat. On Nov. 6th, we'll shove it up their ass.)
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To: Bigtigermike

The idea is a joke. The Washington Repubs are so gutless, they have zero courage to do anything serious about Holder’s crimes.

Forget about it.


6 posted on 06/29/2012 8:35:10 AM PDT by EagleUSA
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To: Bigtigermike

If Holder is ever arrested I’ll be on the lookout for skittles falling from the sky...


7 posted on 06/29/2012 8:37:51 AM PDT by bigbob
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To: Bigtigermike; All

I wonder if the Republicans in Congress would now have the ‘nads to say: “If General Holder is seen in the Capitol Building, at any given time, he will be arrested.” ???

Nah; they’d never do it. Not with crybaby in the Speaker’s Chair.


8 posted on 06/29/2012 8:38:49 AM PDT by no dems (On June 28th, they shoved ObamaCare down our throat. On Nov. 6th, we'll shove it up their ass.)
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To: Bigtigermike

They’ll never arrest Holder. The Pubbies are spineless.


9 posted on 06/29/2012 8:39:21 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: Bigtigermike

House Cryer John Boner, two inches of c*ck and no balls.


10 posted on 06/29/2012 8:39:57 AM PDT by chris37 (Heartless.)
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To: driftdiver

Call him to the House and the second he walks in to the chambers order the SA to handcuff and arrest him and remove him from the premises. Perp walk his A$$ down the steps to the street. As they remove his cuffs serve him his civil contempt papers..


11 posted on 06/29/2012 8:39:57 AM PDT by shotgun
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To: Bigtigermike

Boehner drank the koolaid. He’s now a Beltway RINO.
Do not expect Holder to be arrested, no matter how deserving he is of arrest.


12 posted on 06/29/2012 8:42:43 AM PDT by BuffaloJack (Repeal Obamacare, the CITIZENSHIP TAX)
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To: no dems

crybaby in the Speaker’s Chair, otherwise known as gnat ‘nads


13 posted on 06/29/2012 8:44:24 AM PDT by rightly_dividing (We are Scott Walker.)
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To: driftdiver

Who goes to do the arrest, US Marshalls?


14 posted on 06/29/2012 8:45:30 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Bigtigermike

They can come and get me, too, because I probably have more contempt for Congress than all AG’s put together.


15 posted on 06/29/2012 8:45:30 AM PDT by Tau Food (Tom Hoefling for President - 2012)
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To: Bigtigermike

I’m sure Sheriff Joe can find room in his tent city complete with pink undies and baloney sandwiches.


16 posted on 06/29/2012 8:46:26 AM PDT by Suz in AZ
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To: Bigtigermike
Someone better ask former Speaker Nancy Pelosi how “unseemly” it would be to talk about having the power to arrest Karl Rove ‘any day of the week’.
17 posted on 06/29/2012 8:47:05 AM PDT by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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To: MichaelCorleone
Members of the Executive visit Congress (and its environs) at the request of Congress' officers.

That applies to FBI agents and the Attorney General.

He could be invited by Harry Reid to the Senate, but the second they step off the path into the range of the House they can not only be arrested, but tried for attempted insurrection against the government of the United States, tried, found guilty and hanged within the hour!

So, yeah, the power is there ~ a lot of power ~ and there is NO APPEAL.

So, why doesn't it happen more often?

That would be a good question but as you see nobody at the top will talk about it. The deal is it is enough to have the power. Using it could have some disadvantages ~ for example, other FBI agents might well be leery of working with Congress in the future.

18 posted on 06/29/2012 8:47:28 AM PDT by muawiyah
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To: Tau Food

So, are you telling us that you too have made policy decisions aimed at getting people murdered with weapons you purposely sent to the murderers>


19 posted on 06/29/2012 8:48:52 AM PDT by MHGinTN (Being deceived can be cured.)
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To: MHGinTN

The House of Representatives has a designated officer for that purpose. He is called the sergeant at arms. Read all about him here: http://www.house.gov/content/learn/officers_and_organizations/sergeant_at_arms.php


20 posted on 06/29/2012 8:50:44 AM PDT by muawiyah
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To: MHGinTN

Good question, I think the Congress has their own security team which enforces their actions and provides security.

Everything else is under the DOJ and Holder.


21 posted on 06/29/2012 8:51:30 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Bigtigermike
If House Repubs are not even considering this, and flatly rule it out, why is the Times writing about it? It's a non-story and frankly seems made up to try to make the Repubs look bad.

Here's the way it works: The Times prints this story and some leftist blogger picks it up and posts a story on how the Times has a story about the possible use of 'inherent contempt' by the Repubs to put Holder in jail. Big Media pick it up and report it as a real story. Now the Repubs, who never even thought of this, look bad (as Big Media will make them look).

Voila! More pressure on the Repubs to be 'lenient'.

22 posted on 06/29/2012 8:53:18 AM PDT by jeffc (Welcome to the United Socialist States of America)
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To: muawiyah

So if Issa’s committee called Holder before a committee hearing, the Sargeant at arms could take his skinny fascist ass into custody? I like it!


23 posted on 06/29/2012 8:53:32 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Bigtigermike
Jailbirds
24 posted on 06/29/2012 8:54:02 AM PDT by FrankR
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To: MHGinTN

I sure hope not.

I think ths guy’s contempt consists in no turning over some documents.

My contempt is deeper and more fundamental. I think most of them are crooks.


25 posted on 06/29/2012 8:55:06 AM PDT by Tau Food (Tom Hoefling for President - 2012)
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To: Bigtigermike
They’re scared to death because the courts have said … the way the contempt power is used is unseemly.

It's an immutable law of the universe that there will always be enough Republicans to act like they are voting on country club bylaws governing the use of olives vs. onions as acceptable Martini garnishes while outside the garden gates Democrats are pulling apart the Republic.

26 posted on 06/29/2012 8:55:24 AM PDT by Poison Pill (Take your silver lining and SHOVE IT!)
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To: mrsmith

Nancy Pelosi wanted to arrest Karl Rove WITHOUT a contempt charge.


27 posted on 06/29/2012 8:56:28 AM PDT by afraidfortherepublic
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To: MichaelCorleone

Or anything more! Was his wower wip qwiverwing when he said it?


28 posted on 06/29/2012 8:56:46 AM PDT by oncebitten (Obama: could not get a clue if he were covered in clue musk and standing in a field of horny clues.)
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To: Tau Food

I think you’re right!


29 posted on 06/29/2012 8:57:18 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Bigtigermike

Has Boehner stopped sobbing yet?


30 posted on 06/29/2012 9:02:02 AM PDT by TADSLOS (The Liberty Experiment is over. All aspects of your life will now be MANDATED.)
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To: MHGinTN
Members of the Executive might decide to never visit Congress again, but it's their rules ~ so if we can entice the little bugger in there again he can be arrested, tied up (no formal cell around anymore), charged, tried, convicted and, since there's no cell to keep him, executed!

Maybe Sebelius would like to testify before a House committee ~ the same thing could happen. But remember, she's tetched in the head so she'd be going in there while they were carrying the bodies of other traitors out past her. I can see her looking down her long nose at them and snorting.

Those who got in the way could be dealt with harshly ~ Pelosi would, of course, be running around screeching and screaming, so she'd have to be tied up at the least, and put in a closet so her sounds wouldn't disturb the others.

The whole Robespierre trickbag is all there.

Remember, a Congress or Parliament, no matter how well behaved, arose in a tumultuous time, or in a revolution, where the personal safety of the members was not secure so they had to band together in a common agreement ~ a COMPACT ~ to protect themselves. There is no higher authority than the House. Says so right in the Constitution.

31 posted on 06/29/2012 9:06:01 AM PDT by muawiyah
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To: Bigtigermike
Voting to hold him in contempt and doing nothing else is like stamping your foot because you're angry. Arrest the bastard.
32 posted on 06/29/2012 9:25:58 AM PDT by vortigern
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To: Bigtigermike

Holder’s people in congress will go ape shiite if he’s arrested. They’ll make theatre out of it, big time.


33 posted on 06/29/2012 9:31:14 AM PDT by crosshairs
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To: Bigtigermike
They really need to put teeth in this.

Will the civil case have teeth?

To hold Holder in Contempt and then let him continue ignoring congress, will make the Executive branch feel like Congress is inconsequential. That's not good.

34 posted on 06/29/2012 9:37:29 AM PDT by DannyTN
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To: Bigtigermike

Breaking News:

In response to the contempt vote, Holder was heard to say, “I believe I will blow my nose in your general direction.”


35 posted on 06/29/2012 9:43:21 AM PDT by super7man
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To: muawiyah
Maybe Sebelius would like to testify before a House committee ~ the same thing could happen.

Sebelius as of yesterday is the second most powerful person in the world /sarc. Everything in the 2700 pages is to be determined, by her and she will have direct access to your bank account and CAN TAKE IT AT WILL. If anything is unconstitutional, that is.
36 posted on 06/29/2012 10:13:20 AM PDT by Foolsgold (L I B Lacking in Brains)
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To: Foolsgold
I think the House needs to construct a detention facility right there on the House floor.

It'd have ONE CHAIR ~

37 posted on 06/29/2012 11:38:22 AM PDT by muawiyah
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To: muawiyah

This morning they said that the Stg. of Arms could put Holder into custody.


38 posted on 06/29/2012 11:40:47 AM PDT by mware (By all that you hold dear on this good earth, I bid you stand, Men of the West)
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To: mware

i’ve been saying that for years. The Constitution says the House makes its own rules. Presumably that includes those regarding crime ~


39 posted on 06/29/2012 12:03:34 PM PDT by muawiyah
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To: muawiyah
I think the House needs to construct a detention facility right there on the House floor.

It'd have ONE CHAIR ~Hooked up to Green Energy

There fixed it !!
40 posted on 06/29/2012 12:22:37 PM PDT by Foolsgold (L I B Lacking in Brains)
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To: DannyTN
A trial before the House itself, followed by swift punishment, is just the thing Congress needs to reassert its primacy.

Remember, the Supreme Court only restricts the Executive ~ each House has total power that may be exercised at will. If Boehner won't do it he could be reminded of what happened to Georges Jacques Danton. Someone there will do the job that can be done to drive back the Executive's jack booted thugs.

41 posted on 06/29/2012 12:23:25 PM PDT by muawiyah
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To: Foolsgold
A bank of solar cells on the roof attached by a heavy current carrying line to the headrest on the chair.

I love it.

Low cost electrocutions during daylight hours!

42 posted on 06/29/2012 12:26:00 PM PDT by muawiyah
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To: Foolsgold
"It'd have ONE CHAIR ~Hooked up to Green Nuclear Energy. There fixed it !!"

Use something more reliable than green energy.

43 posted on 06/29/2012 12:32:17 PM PDT by DannyTN
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To: Foolsgold
"It'd have ONE CHAIR ~Hooked up to Green Nuclear Energy. There fixed it !!"

Use something more reliable than green energy.

44 posted on 06/29/2012 12:32:31 PM PDT by DannyTN
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To: jeffc
Here's the way it works: The Times prints this story and some leftist blogger picks it up and posts a story on how the Times has a story about the possible use of 'inherent contempt' by the Repubs to put Holder in jail. Big Media pick it up and report it as a real story. Now the Repubs, who never even thought of this, look bad (as Big Media will make them look).

"I know more than one way to skin a dog."


45 posted on 06/29/2012 1:15:05 PM PDT by UCANSEE2 (Lame and ill-informed post)
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To: Bigtigermike

The pubbies don’t have the balls.


46 posted on 06/29/2012 1:18:42 PM PDT by dfwgator (FUJR (not you, Jim))
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To: rightly_dividing

crybaby in the Speaker’s Chair, otherwise known as gnat ‘nads
______________________________________________________________

“gnat ‘nads”....... I warn you right now; I’m stealing that.


47 posted on 06/29/2012 1:54:57 PM PDT by no dems (On June 28th, they shoved ObamaCare down our throat. On Nov. 6th, we'll shove it up their ass.)
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To: dfwgator
The House has the power to do whatever its Republican majority wants.

Time to start using it.

48 posted on 06/29/2012 1:56:23 PM PDT by muawiyah
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To: dfwgator

CSPAN could focus on Holder’s makeshift cell all night long.


49 posted on 06/29/2012 1:56:55 PM PDT by muawiyah
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To: Bigtigermike
Why bother hiring a Republican legislature when you can...

...make your own paper tiger!!

50 posted on 06/29/2012 2:04:17 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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