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To: Doogle

“Not a smidgen of corruption.” A boatload. Not a smidgen.


24 posted on 03/05/2014 6:42:42 AM PST by TruthShallSetYouFree (lib-pocrisy: requiring photo ID at a march protesting photo IDs for voters.)
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To: TruthShallSetYouFree

Issa adjourns. Cummings is grandstanding. Issa shuts him down.


35 posted on 03/05/2014 6:46:17 AM PST by TruthShallSetYouFree (lib-pocrisy: requiring photo ID at a march protesting photo IDs for voters.)
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To: TruthShallSetYouFree
... Not a smidgen

Untrue. Congress has the power to imprison whomever a majority decide that action is appropriate.

Congress has three formal methods by which it can combat non-compliance with a duly issued subpoena. Each of these methods invokes the authority of a separate branch of government. First, the long dormant inherent contempt power perm its Congress to rely on its own constitutional authority to detain and imprison a contemnor until the individual complies with congressional demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may seek a civil judgment from a federal court declaring that the individual in question is legally obligated to comply with the congressional subpoena.

A number of obstacles face Congress in any attempt to enforce a subpoena issued against an executive branch official. Although the courts have reaffirmed Congress’s constitutional authority to issue and enforce subpoenas, efforts to punish an executive branch official for non-compliance with a subpoena through criminal contempt will likely prove unavailing in many, if not most, circumstances. Where the official refuses to di sclose information pursuant to the President’s decision that such information is protected under executive privilege, past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt. In addition, although it appears that Congress may be able to enforce its own subpoenas through a declaratory civil action, relying on this mechanism to enforce a subpoena directed at an executive official may prove an inadequate means of protecting congressional prerogatives due to the time required to achieve a final, enforceable ruling in the case. Although subject to practical limitations, Congress retains the ability to exercise its own constitutionally based authorities to enforce a subpoena through inherent contempt.
161 posted on 03/05/2014 9:05:19 PM PST by sefarkas (Why vote Democrat Lite?)
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