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To: cld51860

Lerner has been found in Contempt of Congress, and Koskinen certainly has been contumacious and should be held in Contempt of Congress.

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/


14 posted on 06/24/2014 11:47:43 AM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: Ray76
Good job on this research. Its very important that people become aware of Congress's power to arrest and imprison for contempt so we can force our Reps in Congress to exercise it. They have no excuse for letting the Obama Regime get away with their crimes. Congress is responsible for government oversight and ultimately responsible for the Executives Branch's wrongdoing.

One question: Can government employees plead the 5th to Congress? I know the black robed tyrants on the Supreme Court ruled (wrongly) back in the 50's that Communists can plead the 5th to Congress but what about government employees being asked about actions they took in an official capacity?

46 posted on 06/24/2014 12:21:27 PM PDT by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: Ray76

Thank you!


95 posted on 06/24/2014 4:47:36 PM PDT by cld51860 (Oderint dum metuant)
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