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Ex-Trump Adviser Kash Patel Asserts House Has Authority to Arrest and Detain AG Garland for Subpoena Noncompliance
Gateway Pundit ^ | Jun. 20, 2024 | Jim Hᴏft

Posted on 06/20/2024 6:49:47 AM PDT by george76

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To: george76

It should be made very obvious to the American public that the police state folks running Justice think that they’re untouchable and are actually running things via blackmail and intimidation of our elected leaders. Most folks haven’t reached that conclusion yet.


21 posted on 06/20/2024 7:43:08 AM PDT by Antoninus (Republicans are all honorable men.)
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To: Dan in Wichita

2) Where would Garland be detained/incarcerated? Who would watch him and care for his needs?

CONgress has their very own Jail in the basement, for over 150 years now.

“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.


22 posted on 06/20/2024 7:49:54 AM PDT by eyeamok
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To: george76

I’m pretty sure that 50 years or so ago, Congress had an actual jail cell in the Capitol for holding contemptuous witnesses, but I believe they eliminated in a remodeling project. Bring it back!


23 posted on 06/20/2024 7:53:26 AM PDT by Cincinnatus.45-70 (What do DemocRats enjoy more than a truckload of dead babies? Unloading them with a pitchfork!)
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To: george76

Doing that would require a pair. The GOP has sorely lacked that in 90% of its members — and I am excluding the obvious women.


24 posted on 06/20/2024 7:54:45 AM PDT by bobbo666 (Baizuo, )
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To: Cincinnatus.45-70

Oops. Eyeamok beat me to it with actual data!


25 posted on 06/20/2024 7:54:51 AM PDT by Cincinnatus.45-70 (What do DemocRats enjoy more than a truckload of dead babies? Unloading them with a pitchfork!)
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To: george76

.


26 posted on 06/20/2024 7:59:44 AM PDT by sauropod ("This is a time when people reveal themselves for who they are." James O'Keefe Ne supra crepidam)
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To: eyeamok

Interesting! Nancy Pelosi must not have known about the jail, otherwise she would have used if for her political opponents.


27 posted on 06/20/2024 8:04:10 AM PDT by Dan in Wichita
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To: george76

Having authority is one thing. Having any cajones to use it is quite another.

Garland knows that Congress is full of craven cowards, many of whom don’t give a rat’s ass darn about America, the rule of law, our individual liberties, or our future as a nation.

Nothing’s gonna happen to Garland.
He’ll get off scott free, just like Biden, Obama, Schumer, Pelousy, Schiff/tt, AOC, and all the rest of the commies and traitors in WashDC


28 posted on 06/20/2024 8:22:31 AM PDT by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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To: AnotherUnixGeek

What you said.


29 posted on 06/20/2024 8:35:00 AM PDT by sheana
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To: Antoninus

If congress cut their budgets they could retain some control, but they won’t because of the blackmail from these rogue modern day Praetorian guards called the US bureaucracy use against the elected politicians. These Praetorian thugs are unelected and unaccountable and there is nothing about them that’s professional. They are greedy, partisan leftist apparatchiks.


30 posted on 06/20/2024 8:40:54 AM PDT by sarge83
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To: mosaicwolf
I would imagine that the Speaker and several members of congress have Top Secret SCI clearances and the "Right to Know. This is a BS defense by Garland.

The problem with this is that SCIF Clearances are specific to a particular one, not any of them in general.

31 posted on 06/20/2024 9:15:24 AM PDT by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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To: Dan in Wichita

“Would the Sargeant-at-Arms open fire?”
I sure hope so!

“Who would watch him and care for his needs?”
Who cares?


32 posted on 06/20/2024 9:15:42 AM PDT by Fireone (Who killed Obama's chef?)
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To: george76

It may come to that if the election is stolen again. But I fear too many swamp monsters will raise their heads and we will on continue down the slavery path.


33 posted on 06/20/2024 9:37:39 AM PDT by vpintheak (Sometimes you’re the windshield, sometimes you’re the bug. )
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To: Dan in Wichita

need another sirhan sirhan


34 posted on 06/20/2024 9:56:22 AM PDT by al baby (I know sarcasm )
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To: george76

I really wish this would happen to establish some credibility of this circus for the american people.


35 posted on 06/20/2024 10:46:15 AM PDT by thesligoduffyflynns (loose lips sink shipse humidity)
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To: george76
Congress has the authority to arrest and detain U.S. Attorney General Merrick Garland for refusing to comply with a subpoena.

Provide him a deadline, maybe 2 weeks, if he doesn't comply let him know in the warning that he will be arrested.

36 posted on 06/20/2024 10:49:51 AM PDT by 1Old Pro
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To: george76

I really wishhe would be arrested to establish some credibility of this do- nothing govt circus the american people are being subjected to.


37 posted on 06/20/2024 11:29:49 AM PDT by thesligoduffyflynns (loose lips sink shipse humidity)
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