Posted on 04/11/2023 12:51:56 PM PDT by Conservativetpa
Manhattan District Attorney Alvin Bragg filed a lawsuit Tuesday against House Judiciary Committee Chairman Jim Jordan, demanding that a federal court invalidate any subpoenas he might send for Bragg, and his current or former staff members in the wake of President Donald Trump’s recent indictment.
Jordan subpoenaed former New York County Special District Attorney Mark Pomerantz last week, accusing him of politicizing the investigation into Trump and encouraging Bragg to charge the former president.
(Excerpt) Read more at tampafp.com ...
Because no one is above the law.
The rats know: offense, always stay on offense
Jordan must be over the target. Bragg knows this is all a house of cards.
Bragg is a real clown. I guess he could sue me for saying that. What an abusive POS he is.
I would be banging on the Speakers Door demanding he immediately he sign an Arrest and Detainment warrant for this cockroach. 90 days for Contempt of Congress might set him straight as to who has what power.
“U.S. CODE
TITLE 2—THE CONGRESS
CHAPTER 6—CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
Sec. 193. Privilege of witnesses
No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.”
Simply look up Hinds Precedents, especially chapters 53 and 51, and Cannon’s Precedents, especially chapters 184-185. You’ll find numerous detailed cases of Congress asserting its power, arresting people, holding them until they agreed to answer questions, and then releasing them. Some of these people did not refuse to appear, but simply failed to satisfactorily answer questions.
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/
In 1857, a New York Times reporter refused to say which members of Congress had asked him to get them bribes (protecting his “sources” just as various Judith Millers today protect the people who feed them proven lies that costs thousands of lives), so Congress locked him up until he answered and then banned him from Congress.
In 1924 an oil executive appeared but refused to answer certain questions, so the Senate held — literally held — him in contempt. Senator Thomas Walsh of Montana argued that this question of contempt was of the gravest importance, and that it involved “the very life of the effective existence of the House of Representatives of the United States and of the Senate of the United States.” The matter was taken to court, and the witness fined and imprisoned.
A two-bit DA can suit a member of congress for executing their federally elected duties?????????
This shit is going to escallate fast! I think congress should subpoena his ass immediately and hold him in contempt.
You know what makes Bragg feel so confident though? Congress has no teeth while the DOJ belongs to corrupt partisans.
This is about to get real interesting real quick.
A STATE DA suing a FEDERAL OFFICIAL to STOP THEM from INVESTIGATING HIM!............................................
Ping
Good for the goose…
African democracy.
This way, if Jordan wanted to charge Bragg with contempt of congress, Bragg can claim it is retribution for his lawsuit.
Perhaps. But Jordan ignored a subpoena himself.
If Alvin can do it..
Why can’t Hunter? Or anybody for that matter?
If you find yourself under investigation by congress.
Just sue them, tie it up in court and run out the clock until you get a fresh batch of congress critters
Dude must think he’s God.
No Law for this pos.
When?
Called it 5 days ago. As I predicted, they need to claim states rights, but do so as quietly as possible, as they’ll need this “federal government override” when some Republican DA somewhere files some case on Hunter, Joe, or James.
January 6th committee subpoena
Bought and paid for by an Eastern European communist.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.