GOP Congressman: ‘We Just Filed a Resolution Directing the Sergeant-at-Arms to Arrest Lois Lerner ..

The Blaze ^ | July 10, 2014 | Jason Howerton

[TigerClaws]

Rep. Steve Stockman (R-Texas) announced on Thursday that he and other unknown lawmakers have “filed a resolution directing the Sergeant-at-Arms to arrest Lois Lerner for contempt” over the IRS targeting scandal.

[Fresh Wind]

The order has to come from the Speaker who will issue a warrant.

Yeah, right. That's going to happen. Sure.

[ArmstedFragg]

The latter. But it’s in his highest priority dead letter bin.

[Ray76]

Boehner has GOT to go.

When Obama was elected Boehner said “We’re ready to be lead”. And since that day he has been lead like a dumb ox with a ring in his nose tied to a rope held by Obama.

[VTenigma]

Best news all day, I can’t wait to see the pictures. Not a smidgen. Ha

[TigerClaws]

Article says Congress would be upheld in the courts if they do:

http://nypost.com/2014/05/12/arresting-lois-lerner/

[Oldexpat]

When Drudge has this up with a red siren I will get exited. Until then it is just a BS pile. They could also lock up Eric Holder, but that will never happen either.
Can you imagine a stand off between the FBI and the Capitol Police?

[TigerClaws]

Apparently only the House would have to pass it for it to pass and Lerner be jailed:

http://www.wnd.com/2014/07/bill-submitted-to-holdlois-lerner-in-contempt/

[LucianOfSamasota]

Can they also arrest Eric H. Holder, Jr, who is also in defiance of Congressional contempt charges?

[LaybackLenny]

Lois Lerner will disappear faster than an Illegal with Obama44 Yes we Can shoes

[Dave W]

War on women continues.

[jazusamo]

Do it immediately, Rep. Stockman.

[PieterCasparzen]

I’ll believe it when I see her perp walked.

Repubs are not restoring a Christian nation.

[Delta Dawn]

That would be interesting...I wonder who has the most ammunition?

[taildragger]

When Drudge has this up with a red siren I will get exited. Until then it is just a BS pile. They could also lock up Eric Holder, but that will never happen either. Can you imagine a stand off between the FBI and the Capitol Police?

And what is the Capital Police's Jurisdiction? Does she have to be on their premise or can they "Serve" her and Arrest her at home? Where would they hold her? FR-er Legal Eagles, please inform, this is way above my pay-grade...

[forgotten man]

Where would they lock her up?

[LoneRangerMassachusetts]

OK. So they arrest her. Where do they jail her. Who interrogates her? Who prosecutes her? All that is under Holder, no?

[ozzymandus]

Never happen.

[Ray76]

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/