Posted on 04/06/2023 6:44:34 AM PDT by Oldeconomybuyer
WASHINGTON — As Alvin Bragg, the Manhattan district attorney, prepared to bring criminal charges against former President Donald Trump, House Republicans rallied to Trump’s side, vowing to use their power in Congress to haul in Bragg and force him to turn over documents and answer questions.
The reality, they have privately acknowledged, is much more complicated.
For weeks, top House Republicans and their lawyers have been grappling with how to move forward in their investigation of Bragg amid legal and institutional concerns about overreach and how to enforce a subpoena in court. The situation is a reminder for the new majority, which has promised aggressive inquiries into the Biden administration, that its gavels do not guarantee easy investigative breakthroughs.
Led by Rep. Jim Jordan of Ohio, the Judiciary Committee chair, GOP lawmakers have yet to issue a subpoena for Bragg’s testimony, opting instead for exchanging a series of strongly worded letters.
Stanley M. Brand, who served as House general counsel under Speaker Thomas P. O’Neill Jr., said there was almost no chance the Republicans would ever receive internal communications about the prosecution of Trump or force Bragg to testify about details of an active criminal case.
“My advice to them would be: Avoid the popgun effect of a subpoena that can’t be enforced,” Brand said. “There are no real options for quick enforcement.”
(Excerpt) Read more at news.yahoo.com ...
legal and institutional concerns.... funny how these things don’t hinder the left..
Exactly. Seems the demons on the left can get any Republican they want on the stand with threats of jail time if they don’t show. Why can’t we do the same. Spineless idiots.
Little Luke and Little Jonathan are trying to feel good about their chances of convicting President Trump of one of their Trumped up charges. Arsehos.
Feeble. Republicans are Feeble.
Republican leaders must be transexuals because they have no balls.
“The New York Times via Yahoo”
With all due respect I’ll wait for a less biased source.
Bragg uses big words just like African leaders ,LOL
We keep voting for them. What does that say about us?
Easy Peezy:
Issue a subpoena for Bragg, send the Sergeant at Arms with the Capitol Police SWAT team to Raid their homes at 4AM. Bring him before the committee in an Orange Jumpsuit, Shackles and Leg Irons, then Inform him that he has been found in Contempt of Congress and REMAND HIM to the Capitol Jail, then tell him him that he will remain in custody while Congressional Investigators INVESTIGATE THE LAST 20 YEARS of his life to search for any crimes he may have committed.
Adjourned
“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.
The reason the Republicans have to grill Bragg is because none of the MSM even has an inkling to exercise their journalistic responsibilities. Since the NYT and the rest of the MSM are actually on the side of Bragg, there’s no need to ask him any questions, let alone “grill” him.
EXACTLY the FIRST thing I thought when I saw that in the article!
It’s Not So Simple...sigh, it never is...The citizens of this country as SO being played.
Step 1. Issue Subpoena.
Step 2. Ignore NYT and Manhattan claim ‘pop gun’ Claim ‘Rule of Law’ and ‘Constitution’.
Step 3. Then send the Federal Marshall’s in Swat gear to arrest him, in the middle of the night, out of his house at gunpoint. Hopefully, he will resist.....and you can make a real point.
Step 4. Hold in Isolation for Contempt of Congress until you get around to questioning him......Like late next year.
Step 5. Rinse and Repeat with the remaining portion of the Manhattan DA’s Office if they don’t comply.
Just use the Democrats playbook. It’s NOT complicated.
The United States deserves the best possible person for president and commander-in-chief of its armed forces.
Anybody or any process that might be getting in the way of the needs of the nation for a top-notch president needs to be investigated so appropriate protective legislation may be prepared.
Why can’t Bragg just be indicted and arrested on the charge of election interference. Isn’t that what he’s trying to do to President Trump?
I actually stopped voting them after Reagan, with a Trump interlude x2
Judge, why did you set the trial date so far into the future?
The New York Times is the NEW Pravda from the old Soviet Union. Bolshevik politics on full display.
Joy Reid as the new Goebbels from Germany?
(The New York Times) their feed is the Twitter equivalent of diarrhea. It’s unreadable.
—Elon Musk, April 2nd, 2023
https://twitter.com/elonmusk/status/1642402646836297729
Leftists reply: “Well, ACTUALLY, you’re attacking journalism! You’re evil. Cancel my account!”
Matt Talabi was unavailable for comments pending IRS (actual government) visits.
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