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House could arrest Holder with inherent contempt power
Despite voting to hold Attorney General Eric H. Holder Jr. in contempt ofCongress, 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 becauseCongress doesn’t even have a jail any longer. But in theory it could happen.
Republicans say it’s not even under consideration, with House SpeakerJohn 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,” saidMort 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.”
That’s why it’s been more than 75 years since either chamber has used the option though it used to be somewhat common.
The House on Thursday voted 255-67 to hold Mr. Holder in criminal contempt, and 258-95 to pursue a case against him in the courts.
But those votes do little to break the impasse over his refusal to turn over documents the House is seeking in an investigation into Fast and Furious, a botched gun-walking operation. The House issued subpoenas for the documents last year but President Obama last week asserted executive privilege in withholding them.
A court case will take time, meaning there’s little immediate effect of the two contempt votes.
Indeed, the lack of any penalty for Mr. Holder’s failure to cooperate was cited by one Democrat as his reason for voting against Thursday’s contempt motion.
“While I strongly believe that the Department of Justice should fully cooperate with Congress to ensure transparency in the Fast and Furious operation, this motion lacks an enforcement mechanism to make it anything more than politically motivated,” said Rep. Heath Shuler, North Carolina Democrat.
That’s why Mr. Rosenberg, a former analyst for the Congressional Research Service, said Congress should consider using its own police powers and should try to impose a fine rather than physically arrest someone.
Billy Fuster
June 29th, 2012
…and throw away the keys.
Bad Brad
June 29th, 2012
As a joke, they should do it in KKK outfits. Wouldn’t that be funny? Maybe not.
Troy
June 29th, 2012
I remember how those lib bastards wanted Bush, Cheney, and Rove “frog marched” out of the White House lawn. I can only imagine the horror on their faces when it happens to a black man they revere.
WINNING!
Mrs. Compton
June 29th, 2012
Good!!! If it takes time, oblowme will be out of office and can’t pardon him.
Unneutral
June 29th, 2012
Dog and phony show by the GOP to make their constituents think the liberals are being held accountable.
Stirrin the B.S.
June 29th, 2012
“….While I strongly believe that the Department of Justice should fully cooperate with Congress to ensure transparency in the Fast and Furious operation, this motion lacks an enforcement mechanism to make it anything more than politically motivated,” said Rep. Heath Shuler, North Carolina Democrat……”
Heath Shuler, a University of Tennessee starting quarterback in the early 90′s. Hey Heath, your democratic partisan politics does not go well with your college athletic legacy at UT. You are a persona non grata in this state, you traitor libturd, tarheel.
Wyatt, Insensitive Jerk
June 29th, 2012
@Stirrin the B.S.: As I recall, Heath Schuler and Trent Dilfer were both in the same draft, and the controversy was over which should be drafted higher. Schuler ended up being drafted third, and was ranked by ESPN as one of the biggest busts ever. Dilfer was drafted sixth, and while not a hall of famer, at least has a Super Bowl win to his credit.
High expectations, but still a bust. Yep, a Democrat for sure – just like our President.
Doc
June 29th, 2012
I think we should send Dog the Bounty hunter after his ass.
Angrymike
June 29th, 2012
Oh please Mr Issa, let me be the RACIST who puts the cuffs on the lying POS Attorney General .. Hell when your ready for Obie, I’ll do that two………I’m sure the Terry family would love to help…… Probably a couple hundred Mexican families that will also jump into the fray…………
Angrymike
June 30th, 2012
Doc
I hope they don’t send dog to get Obie, he’d probably eat him………lmao
Brad
June 30th, 2012
Yeah, just so you know, Dog The Bounty Hunter is a midget. Honest, I threw him at the last contest. 2nd place.
MaryfromMarin
June 30th, 2012
@Brad–
You’re still “Bad”.
Boobie the Rocket Dog
June 30th, 2012
I’m glad somebody address this. But it brings up another point: If congress DID arrest and jail Eric “Dick” Holder, could Obama just pardon him the next day? We know he would if he could.
sablegsd
June 30th, 2012
Why is the right, legal fucking thing to do always ruled out? Fuck you weepy.
Revolution II
Paul Moore
June 30th, 2012
Wasn’t there a time when traitors were given a fair trial and a firing squad?
Jack Daniels
June 30th, 2012
“The House is scared to death to use the inherent contempt power,”…“scared to death because …it is unseemly”
“this motion lacks an enforcement mechanism to make it anything more than politically motivated,”
And this my friends, is the reason why nothing will change. Laws that can’t be enforced, and laws that won’t be enforced, thus permitting corruption to remain.
They have no problem shutting down a lemonade stand from a little kid though. The whole process is nothing more than a paper tiger.
wildman
June 30th, 2012
Since the DOJ no longer dispenses justice, the congress should defund it.
Dr. Tar
June 30th, 2012
Holder’s just the warm up act. He’ll go under the bus eventually.
I want Obama’s hide nailed to the Capital Dome.
Executive Privilege should be the red cape to the House Republicans. Come on toro, gut that bastard.
Cruisin' Cat
June 30th, 2012
Nothing’s going to happen to Holder, unless a friend or family member successfully seeks retribution.
This is all just theater for the masses.
New Mexico Gunman
June 30th, 2012
Won’t ever happen. Boner lacks the balls to do it. Bluntly, Eric the Red will walk because the Repubics are too pussy to enforce the law.
Racist
June 30th, 2012
You know it’s bad when a Libtard Dem from Hippie-Ass Boone NC says he didn’t bother because he knew there was no one in Congress with the balls to (gasp) do the right thing!!! Sometimes Schuler makes me wonder. At times he acts almost like he has some integrity about him, but then he falls back into line with his Progtard Party. The irony is that one of the most sensible, fiscally Conservative-minded (although he’d never let it override his Socially Libtard vote), ballsiest (no pun intended), principled (albeit ass-backward, again no pun intended) “Men” I know, (stick with me, I know that’s a lot of captions) Is Heath’s Flamboyantly LONNNNG Out of the Closet Cousin Mike’s “Partner” Stephen.
In other words, Heath’s FaLaming Cousin-in-Law, is more “Man” than most of the Republicans in Congress!!! (Don’t tell him I said that!)
Major Mal function
July 4th, 2012
A lesson from one of Holder’s tutors: How many divisions has
the popeCongress?Major Mal function
July 4th, 2012
Good!!! If it takes time, oblowme will be out of office and can’t pardon him.
Don’t so sure. It will be interesting learning of the damage Obama and his Merry Band of Marxist Men will do between Nov. 7 and Jan 20.
Major Mal function
July 4th, 2012
Don’t be so sure