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House could arrest Holder with inherent contempt power
Washington Times ^ | Friday June 13, 2012

Posted on 06/29/2012 8:29:49 AM PDT by Bigtigermike

Despite voting to hold Attorney General Eric H. Holder Jr. in contempt of Congress, 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 because Congress doesn’t even have a jail any longer. But in theory it could happen.

Republicans say it’s not even under consideration, with House Speaker John 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,” said Mort 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.”

(Excerpt) Read more at m.washingtontimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events; Politics/Elections
KEYWORDS: 2deadfeds; 300deadmexicans; arrest; atf; banglist; brianterry; dea; dhs; doj; fastandfurious; fastfurious; fbi; gop; gunrunner; gunwalker; holder; ice; jaimezapata; murdergate; obama; terry; zapata
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1 posted on 06/29/2012 8:30:01 AM PDT by Bigtigermike
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To: Bigtigermike

Its unseemly to have an Attorney General who needs to be arrested.


2 posted on 06/29/2012 8:32:30 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Bigtigermike

**Republicans say it’s not even under consideration, with House Speaker John A. Boehner’s spokesman flatly ruling it out.***

I would expect nothing less from Mr. Boehner.


3 posted on 06/29/2012 8:33:33 AM PDT by MichaelCorleone ('We the People' can and will take this country back...starting today.)
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To: Bigtigermike

The Dems were all hot to do it to Miers and Bolton:

http://www.nytimes.com/2007/12/04/opinion/04tue4.html?_r=1

Over-reaching IMO.


4 posted on 06/29/2012 8:34:51 AM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Bigtigermike

A court case will take time, meaning there’s little immediate effect of the two contempt votes.
____________________________________________________________________________________________________________________________

So, nothing changes. What a friggin’ joke our Congress is.


5 posted on 06/29/2012 8:35:04 AM PDT by no dems (On June 28th, they shoved ObamaCare down our throat. On Nov. 6th, we'll shove it up their ass.)
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To: Bigtigermike

The idea is a joke. The Washington Repubs are so gutless, they have zero courage to do anything serious about Holder’s crimes.

Forget about it.


6 posted on 06/29/2012 8:35:10 AM PDT by EagleUSA
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To: Bigtigermike

If Holder is ever arrested I’ll be on the lookout for skittles falling from the sky...


7 posted on 06/29/2012 8:37:51 AM PDT by bigbob
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To: Bigtigermike; All

I wonder if the Republicans in Congress would now have the ‘nads to say: “If General Holder is seen in the Capitol Building, at any given time, he will be arrested.” ???

Nah; they’d never do it. Not with crybaby in the Speaker’s Chair.


8 posted on 06/29/2012 8:38:49 AM PDT by no dems (On June 28th, they shoved ObamaCare down our throat. On Nov. 6th, we'll shove it up their ass.)
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To: Bigtigermike

They’ll never arrest Holder. The Pubbies are spineless.


9 posted on 06/29/2012 8:39:21 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: Bigtigermike

House Cryer John Boner, two inches of c*ck and no balls.


10 posted on 06/29/2012 8:39:57 AM PDT by chris37 (Heartless.)
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To: driftdiver

Call him to the House and the second he walks in to the chambers order the SA to handcuff and arrest him and remove him from the premises. Perp walk his A$$ down the steps to the street. As they remove his cuffs serve him his civil contempt papers..


11 posted on 06/29/2012 8:39:57 AM PDT by shotgun
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To: Bigtigermike

Boehner drank the koolaid. He’s now a Beltway RINO.
Do not expect Holder to be arrested, no matter how deserving he is of arrest.


12 posted on 06/29/2012 8:42:43 AM PDT by BuffaloJack (Repeal Obamacare, the CITIZENSHIP TAX)
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To: no dems

crybaby in the Speaker’s Chair, otherwise known as gnat ‘nads


13 posted on 06/29/2012 8:44:24 AM PDT by rightly_dividing (We are Scott Walker.)
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To: driftdiver

Who goes to do the arrest, US Marshalls?


14 posted on 06/29/2012 8:45:30 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Bigtigermike

They can come and get me, too, because I probably have more contempt for Congress than all AG’s put together.


15 posted on 06/29/2012 8:45:30 AM PDT by Tau Food (Tom Hoefling for President - 2012)
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To: Bigtigermike

I’m sure Sheriff Joe can find room in his tent city complete with pink undies and baloney sandwiches.


16 posted on 06/29/2012 8:46:26 AM PDT by Suz in AZ
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To: Bigtigermike
Someone better ask former Speaker Nancy Pelosi how “unseemly” it would be to talk about having the power to arrest Karl Rove ‘any day of the week’.
17 posted on 06/29/2012 8:47:05 AM PDT by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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To: MichaelCorleone
Members of the Executive visit Congress (and its environs) at the request of Congress' officers.

That applies to FBI agents and the Attorney General.

He could be invited by Harry Reid to the Senate, but the second they step off the path into the range of the House they can not only be arrested, but tried for attempted insurrection against the government of the United States, tried, found guilty and hanged within the hour!

So, yeah, the power is there ~ a lot of power ~ and there is NO APPEAL.

So, why doesn't it happen more often?

That would be a good question but as you see nobody at the top will talk about it. The deal is it is enough to have the power. Using it could have some disadvantages ~ for example, other FBI agents might well be leery of working with Congress in the future.

18 posted on 06/29/2012 8:47:28 AM PDT by muawiyah
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To: Tau Food

So, are you telling us that you too have made policy decisions aimed at getting people murdered with weapons you purposely sent to the murderers>


19 posted on 06/29/2012 8:48:52 AM PDT by MHGinTN (Being deceived can be cured.)
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To: MHGinTN

The House of Representatives has a designated officer for that purpose. He is called the sergeant at arms. Read all about him here: http://www.house.gov/content/learn/officers_and_organizations/sergeant_at_arms.php


20 posted on 06/29/2012 8:50:44 AM PDT by muawiyah
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