Posted on 12/03/2013 6:48:56 AM PST by oxcart
The Houses chief investigator says the FBI is stonewalling his inquiry into whether the agency and the Internal Revenue Service targeted conservative group True the Vote for special scrutiny, and Rep. Darrell E. Issa is now threatening subpoenas to pry loose the information from FBI Director James B. Comey Jr.
Mr. Issa, California Republican, and Rep. Jim Jordan, Ohio Republican, are leading the House Oversight and Government Reform Committees IRS inquiry. They also said the FBI is refusing to turn over any documents related to its own investigation into the IRS, which began in the days after an auditors report revealed the tax agency had improperly targeted tea party groups for special scrutiny.
(Excerpt) Read more at washingtontimes.com ...
I am not sure what people here expect him to do. There certainly is not enough support or outrage to move ahead.
Our country is being taken over by thugs and we change the channel.
You tell me how a politican in Hitler’s Germany prior to the war could have investigated the SS and remained alive?
Same difference.
And as much indifference and fear as today.
I keep dreaming that republicans learn that they are in a war to the death and not some silly gentlemens club.
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This is not a Republican issue, this is a citizen issue. And I see no massive citizen protests.
I would no more trust the FBI with anything than I would the DNC. They are well on their way to becoming a STASI, NKVD or Gestapo cult.
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So what are people doing about it?
But where was Mr. McCracken located when Mr. Jurney arrested him? That doesn't seem to be specified.
At any rate, this case is dated 1935, when there actually was a detention facility in the capitol which the Sergeant at Arms could use to lodge detainees. The jail is still there -- but is no longer capable of handling overnight "guests".
Consequently, the Congress must now rely on the DOJ to provide detention facilities. And I believe they must also rely on the DOJ to enforce their arrests away from Capitol Hill. See McDougal, Susan of Whitewater fame for a demonstration.
Excellent research, Ray76.
Happy that you’re on our team, buddy.
Well Holder certainly isn’t going to arrest himself!
Here’s a 2007 article from “the other side of the aisle” regarding a subpoena of Condoleezza Rice.
http://www.slate.com/articles/news_and_politics/jurisprudence/2007/04/house_arrest.html
That article refers to Joseph Story’s Commentaries on the Constitution, Volume 2, § 842 http://press-pubs.uchicago.edu/founders/print_documents/a1_5s21.html
Despite voting to hold Attorney General Eric H. Holder Jr. in contempt of Congress, theres 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."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" - in other words, count on a dog & pony show from the Vichy RepublicansThe thought is shocking, and conjures up a Hollywood-ready standoff scene between House police and the FBI agents who protect the attorney general. Its a dramatic and unlikely possibility not least because Congress doesnt even have a jail any longer. But in theory it could happen.
Republicans say its not even under consideration, with House Speaker John A. Boehners 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...
http://www.washingtontimes.com/news/2012/jun/28/house-could-arrest-holder-with-inherent-contempt-p/
I really think that if you and I were asked what 2 + 2 equals, that the questioner would get two different answers.
Semper fi, buddy, and best wishes to you and yours.
To my recollection, Holder has not re-appeared on Capitol Hill, even to testify before the Senate, since he has been charged with Contempt of Congress.
The problem is that what this administration is doing is simply unprecedented. Nobody ever anticipated an administration that would behave in such a lawless fashion. As a consequence, there is no established approach toward addressing the problem.
Nonetheless, one would like to think that a serious-minded patriotic Republican leadership would at least make threatening noises...
I don't see where you get this idea. Did you read the Slate article?
In 1832, Sam Houston (that Sam Houston), then a private citizen, assaulted Ohio Rep. William Stanbery as Stanbery was walking home in Washington, D.C. According to Stanbery, Houston was indignant over something that Stanbery had said in a floor debate. Stanbery reported the assault to the House, which ordered its sergeant-at-arms to "take in custody, wherever to be found, the body of Samuel Houston; and the same in his custody to keep, subject to the further order and direction of this House." Houston was arrested and brought before the House, where he was represented by Francis Scott Key (that Francis Scott Key). After a monthlong trial, he was reprimanded and sent on his way.- - emphasis added
Is it still true today, though? That has been the question from the outset, has it not?
I doubt that either of us knows for sure. I'm relying on the testimony of another FReeper whose source was in the Sgt at Arms employ and ran the "jail" in the basement of the Capitol building.
Perhaps he misunderstood. I can't say for sure.
The people took him down also. At that time you could send a telegram to your congressman for one dollar. A flood of telegrams was engulfing the House, all with one word: Impeach!
>> Is it still true today?
Why wouldn’t it be?
According to the case, historical resource, and articles I provided, Congress has the power to enforce it’s subpoenas. If Congress can not compel obedience to its subpoena, then its subpoena is meaningless.
The House of Representatives, under Republican leadership, has found Holder in Contempt for failure to obey their subpoena. They have thus far done nothing. They have allowed subpoenas to be ignored with impunity.
The House of Representatives, under Republican leadership, has allowed Obama to ignore Laws enacted by Congress.
The House of Representatives, under Republican leadership, has allowed Obama to encourage others to violate Laws.
The House has the authority and power to enforce its subpoena, and to hold a lawless Executive accountable. The House, under Republican leadership, will not assert its just powers or live up to their Duty.
Meanwhile, The Senate, under Democrat leadership, has overturned rule which has been in place since the First Congress under our Constitution. This was done in a manner which renders any rule to be majority rule, in other words no rule.
Republicans lose because they are sniveling cowards. Exhibit A: John Boehner
The country is at stake. They either get the job done now or get out of the way.
The Washington Times article I linked to references this interesting article published July 2009 covering Congressional investigations, subpoena authority and enforcement.
Because Congress:
1. No longer has the capability. Without the facilities or the staff to enforce its subpoena power, Congress willingly ceded these responsibilities to the DOJ (who, if I'm not mistaken, also serves their subpoenae). Which makes perfectly good sense
2. No longer has the will. On that we can agree.
I remain unconvinced on the breadth of the Sgt at Arms' authority. It would make perfect financial sense for Congress to cede the enforcement authority (outside the local realm) and detention responsibility to the DOJ. At least so long as there was mutual respect for the prerogatives of the co-equal branches of government.
Here are three links to descriptions of the Sergeant-at-Arms Office and its duties and responsibilities -- two from dot gov, one from Wikipedia.
In none of these is the function of arresting and detaining anybody accused of a crime against the Congress so much as mentioned.
At one time, arrest and detention of such transgressors was clearly a responsibility of the Sergeant-at-Arms. These links suggest that may no longer be the case.
Issa is a joke, nothing comes of his hearings
>> Sgt at Arm’s arrest powers don’t extend beyond the curb at Capitol Hill
Sam Houston’s assault of William Stanbery occurred on Pennsylvania Ave, not within the Capitol.
The discussion isn't about how far the Sgt-at-Arms' authority extended in 1832. It's how far do they extend today?
I don’t know where the arrest of Houston took place.
Since the assault was not within the Capitol there was not a spontaneous arrest, as in the arrest of Rep. Henry Edmundson (D-VA) who was arrested on the floor of the House. http://books.google.com/books?id=bQ0WOeABRrkC&pg=PA486&lpg=PA486&source=bl&ots=BzN4qJ4FrS&sig=sWG21pKZ-0C1o9zPVsMMWhCXSyQ&hl=en&ei=f1ywSc_qNpL2MMeEpMUE&sa=X&oi=book_result&resnum=2&ct=result#v=onepage&q&f=false
Stanberry wrote to the speaker of the House, claiming a breach of privilege. Houston was arrested and brought to the bar of the House. http://books.google.com/books?id=mpUEAAAAYAAJ&dq=GEORGE%20%20BRYAN%20%20sam%20houston&pg=PA47#v=onepage&q&f=false
The House ordered its sergeant-at-arms to “take in custody, wherever to be found, the body of Samuel Houston”.
“Wherever to be found” is unambiguous.
There has been no Amendment modifying or removing the authority of either house of Congress to enforce its subpoenas. Nor has any statute done so or could do so.
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