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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPretty Soon, House Democrats Could Start Arresting Trump's People
Posted on Sat, Apr 6th, 2019 by Leo Vidal
Pretty Soon, House Democrats Could Start Arresting Trumps People
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Trump, his lawyers, his attorney general, and other associates of the president appear to be ready to openly flout the requests coming from various House committees.
So that naturally leads to the question: What can House Democrats do about it?
Actually federal law is very clear: If a witness refuses to comply with a subpoena to either produce documents or testify, Congress can then use criminal statutes to enforce compliance.
The U.S. Supreme Court has long recognized congressional subpoena power, and it has always upheld the enforcement power of contempt.
Even Trumps cabinet members arent immune from being arrested for being in contempt of Congress.
If Secretary of the Treasury Steve Mnuchin ignores a subpoena to product Donald Trumps tax returns, he could be arrested for contempt.
Its likely if these things happened that the Department of Justice (under control of the president) would intervene and the conflict would end up in court.
But it would take an extraordinary set of circumstances for the federal courts including the Supreme Court to disregard federal law and allow Trumps people to avoid complying with congressional subpoenas.
The tax laws are very clear with respect to providing Trumps tax returns: the statute says they must be given to the chairman of the House Ways and Means Committee after he requests them, which he has done. There is no wiggle room here.
more...
https://www.politicususa.com/2019/04/06/pretty-soon-house-democrats-could-start-arresting-trumps-people.html
SHRED
(28,136 posts)StarryNite
(9,459 posts)I'm so tired of being disappointed. I just want this nightmare to be over!
TruckFump
(5,812 posts)I would die happy!
True Blue American
(17,988 posts)Why not Barr?
TruckFump
(5,812 posts)And I remember Watergate. Listened to every minute of it on TV or on my battery powered, pink portable radio. No earphones back then that plugged into the radio. Held it to my ear at the pool!
True Blue American
(17,988 posts)pangaia
(24,324 posts)Ligyron
(7,639 posts)dlk
(11,575 posts)TruckFump
(5,812 posts)He is a wonderful Congressperson.
J_William_Ryan
(1,756 posts)arresting Trump's people is another matter altogether.
kentuck
(111,110 posts)Is he ready to follow Trump's orders, instead of giving up the tax forms to Congress? They have probably made the choice to hang together, rather than hang separately?
Eliot Rosewater
(31,121 posts)I
O
K
I
Y
A
R
or if you are a non Democrat who loves to bash Democrats
theaocp
(4,244 posts)should be in prison already?
NastyRiffraff
(12,448 posts)manor321
(3,344 posts)- Criminal referral to the DOJ
- Civil referral to a federal court (which then could result in contempt of the court itself if the court agrees and the defendant doesn't cooperate)
- Direct imprisonment by the House OR Senate (this hasn't been used since 1935, but is an option)
kiri
(796 posts)I am under the impression that if a house of Congress votes to charge someone with Contempt, this is sent to the DOJ to enforce it. Presumably the FBI now serves a warrant. I think that the Sergeant at Arms does not have this authority/capability.
The problem looms: Barr can simply ignore a contempt citation, take no action to enforce it. What could the House do about it?
TruckFump
(5,812 posts)One kind punishes for disobedience of a court order/law and holds a set time;
The other is used to compel compliance of a court order/law.
Remember Susan McDougal? She sat in jail because she continued to defy a Federal judge who had ordered her to answer prosecutors' questions before a grand jury about her former Whitewater partner Bill Clinton.
The Velveteen Ocelot
(115,829 posts)That case involved an attorney, William McCracken, who allowed his clients to destroy subpoenaed documents during a Senate investigation of airlines and of the U.S. Postmaster General. After a one-week trial in the Senate, McCracken was found guilty and sentenced to 10 days imprisonment. https://caselaw.findlaw.com/us-supreme-court/294/125.html It is highly unlikely that anyone will be arrested for criminal contempt of Congress in relation to the Mueller investigation.
babylonsister
(171,079 posts)all ignore subpoenas? Do you think the Dems will just throw up their hands and move along? I don't. I guess we shall see.
theaocp
(4,244 posts)isn't something the Dems have found a good counter to, yet. They need a good offensive coordinator.
Eyeball_Kid
(7,434 posts)Legal and civil action, which includes arrests if Congress is pressed to make its point.
The IRS is in the hands of a Trump appointee.
The DOJ is in the hands of a Trump appointee.
Both are taking orders from Trump. They are to stonewall until there are no options left, and then they are to challenge Congress and dare them to cite Trump's lackies for contempt of Congress and begin arrests. Trump's appointee to the IRS CAN go to prison. So can Barr. Neither will be willing to fall on their swords for Trump. So Congress will take these two lackies right to the wall, and have them ready for prosecution, before they give in and comply, but only with Trump's approval. If Trump continues to insist that they stonewall, then his lackies will be jailed, and they'll remain in jail UNTIL they comply.
Any abdication by the House will result in a revolutionary change in the Constitution, not through legislation, but through takeover by Trump's fascists, who will dismantle the Constitution unilaterally. So all of this only goes in one direction.
Trump will NOT abdicate, will not surrender his financial information, nor the Mueller Report, because doing so would truly reveal that he's a fraud AND a foreign agent. It will be in documents, and will be substantiated by raw facts.
hughee99
(16,113 posts)Lets say someone at the IRS doesn't want to turn over documents (maybe they lost them in some "technical malfunction" ) or they refuse to testify by invoking their 5th amendment rights. How do you think congress should handle it?
ooky
(8,926 posts)So far all I'm seeing is them getting away with everything they aren't supposed to be able to do.
moondust
(20,002 posts)seem to be much more committed to protecting their corrupt client than to upholding the law. Some have probably earned disbarment or worse.
jalan48
(13,881 posts)Stonepounder
(4,033 posts)The Turtle just invoked the nuclear option so they can get judges on the Federal bench faster and faster. By the time these cases hit the courts a) it will take forever to wend it's way through the various layers of Federal courts, and, b) if it takes long enough the GOP/Trump only need to get one more judge on SCOTUS and they will have the majority and you can kiss the Constitution and Federal Laws goodbye.
defacto7
(13,485 posts)has been all along, for many years infact.
Ferrets are Cool
(21,109 posts)Blue_Adept
(6,400 posts)Pepsidog
(6,254 posts)subpoenas and there will calls for the Sergeant at Arms to arrest those in contempt of Congress which went no where.
Texin
(2,597 posts)Grasswire2
(13,571 posts)Republicans will subvert democracy itself rather than lose power.
Mc Mike
(9,115 posts)bluestarone
(17,025 posts)IF the senate and the house was controlled by DEMS> they would ALL be worried! BUT that isn't so. After the 2020 election THEY will be SQUIRMING!!!