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Nadler: Time To Hold Barr In Contempt After No-Show At House Judiciary Session
Hotair ^
| 05/02/2019
| Ed Morrissey
Posted on 05/02/2019 7:35:52 AM PDT by SeekAndFind
Let the contempt citations fly! True to his word, Attorney General William Barr was a no-show at the House Judiciary Committee this morning, and so was the fully-unredacted Mueller Report despite subpoenas for both. “Every member of this committee, Democrat and Republican alike,” chair Jerrold Nadler intoned, “should understand the consequences when the executive branch tells us that they will simply ignore a lawful subpoena from Congress.”
The consequences might not be as consequential as Nadler argues, but for now he’s planning on moving forward on a contempt citation:
“Good faith” in this case is in short supply all around. Nadler wants a full release of grand-jury testimony to all members of Congress, which is not just unreasonable but also violates the law. Furthermore, it’s unnecessary, since Congress has the full summaries written by Robert Mueller himself in hand. Unless they have reason to suspect that Mueller’s hiding information in those redactions that contradict his own conclusions, there’s no point in violating a very good law on grand-jury proceedings. Besides, Congress can — and the House has threatened to — recreate that testimony in their own hearings.
Nadler has a more of an argument on the conflict over the session’s format. After all, it’s Congress’ hearing, not the White House’s. However, Barr isn’t entirely out of line either by asking for the courtesy of not being treated like a suspect in an investigation by refraining from having staff counsel grill him as part of the process. His appearance should be considered a mutual courtesy rather than a hauling of a defendant into the dock, and the AG does have some leverage for those types of negotiations.
Ranking member Doug Collins blamed Democrats for forcing the issue, declaring that this outcome is precisely what they intended. “They want it to look like an impeachment hearing,” Collins declared, “because they won’t bring impeachment proceedings”:
Nadler has broadcast his desire for impeachment-by-proxy hearings for months now, quite literally on every news broadcast he can access. That’s why he wants staff counsel to question Barr, a somewhat unusual although not unprecedented maneuver. Republicans used it in the Senate Judiciary Committee to question Christine Blasey Ford in the second Brett Kavanaugh hearing, mainly to avoid creating a politically explosive sound bite between the Republican men on the panel and the woman testifying. That stunt was secondary to the larger stunt that was the hearing itself.
Nadler can now get a vote on contempt for Barr for failing to honor both subpoenas. And then what? Barr may well take note of the wreckage of Eric Holder’s contempt citation for hiding behind a bogus executive privilege claim on Operation Fast & Furious, which made such a hash of his life that he [checks records] served several more years as AG and then contemplated a run for the presidency.
Barr isn’t exactly quaking in his boots. The nasty secret on Capitol Hill, Roll Call reports, is that congressional subpoenas just ain’t like they used to be:
As Donald Trump vows to fight every congressional subpoena issued by House committees investigating his presidency and personal affairs, Democratic lawmakers and strategists are coming to grips with a new reality in which the subpoena might be obsolete.
At this point, its just a piece of paper, a former senior congressional investigative aide said. Its useless. …
Some have proposed deploying an arcane measure called inherent contempt to fine or even jail Trump administration officials who defy subpoenas. Democratic House leadership hasnt entirely ruled that out, though the optics of the House sergeant-at-arms going to the homes of Trump advisers, putting them in handcuffs and marching them to holding cells in the Capitol isnt very palatable for some Democrats.
That would dramatically escalate the actual problem, which is maximalist politics and Congress’ habit of punting to the executive rather than casting tough votes. President Pen and Phone played a role here, too:
Congress has increasingly resorted to supplying federal appropriations through stopgap continuing resolutions and ceded some power to the White House to govern through executive action. The presidents incentives to cooperate with Congress requests and its subpoenas have diminished along with those changes.
On top of that crumbling institutional foundation sits Trump, a uniquely pugnacious president whose administration and personal and business finances are under intense scrutiny from a Democrat-controlled House, eager to unearth any malfeasance.
The bottom line is that drawing lines in the sand doesn’t lead to more cooperation when both sides have a lot of power to make the other miserable. At some point, it leads to warfare. House Democrats have openly bragged about dragging Trump from office, so it’s not exactly a surprise that administration officials like Barr don’t trust Nadler to avoid using them as leverage to accomplish that task.
TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: barr; congress; contempt; nadler
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OK Folks, riddle me this -- What exactly is the punishment for being held in contempt of Congress?
The previous AG Eric Holder, was held in contempt of Congress, then what?
To: SeekAndFind
>>The previous AG Eric Holder, was held in contempt of Congress, then what?<<
He and wingman obozo has a couple of beers and a lot of laughs.
2
posted on
05/02/2019 7:37:29 AM PDT
by
freedumb2003
(As always IMHO)
To: SeekAndFind
He got a promotion to run the entire DNC attack machine
3
posted on
05/02/2019 7:37:46 AM PDT
by
Zathras
To: SeekAndFind
Fat, undisciplined scumbag.
4
posted on
05/02/2019 7:38:47 AM PDT
by
jospehm20
To: SeekAndFind
Below is why every left wing Congressit and their mediots are going after AG Barr: He is after the leakers and those who used the leaks!
AG Barr: ‘We Have Multiple Criminal Leak Investigations Underway’ After Russia Probe
PJ Media ^ | 05/02/2019 | Tyler O’Neil
Posted on 5/2/2019, 7:27:55 AM by SeekAndFind
On Wednesday, Attorney General William Barr revealed that the Department of Justice (DOJ) has launched many investigations into the constant leaks to the media during the Trump-Russia investigation. The DOJ is examining just exactly how mainstream media outlets had scoops on the investigation long before Congress had heard anything about the subject matter.
Sen. Chuck Grassley (R-Iowa) asked Barr about the leaks in his testimony before the Senate Judiciary Committee.
“The Inspector General found that during the departments investigation of Hillary Clinton for mishandling classified information, there was a culture of unauthorized media contacts. During the Russian investigation, the leaks continued. Leaks undermine the ability of investigators to investigate,” Grassley argued. “Further leaks to the papers while Congresss questions to the department go unanswered is unacceptable.”
“What are you doing to investigate unauthorized media contacts by the department and FBI officials during the Russian investigation?” he asked.
“We have multiple criminal leak investigations underway,” Barr responded.
Later in the hearing, Sen. Joe Kennedy (R-La.) suggested Barr extend the probes to special counsel Robert Mueller and his team as well. “When you’re investigating leaks at the Department of Justice and the FBI, I hope you will include the Mueller team as well,” Kennedy said, concluding his remarks.
Last month, Rep. Devin Nunes (R-Calif.) said he had sent multiple criminal referrals to the Department of Justice, including some related to leaks.
“There are five direct referrals based on lying, obstruction, congressional investigation, and leaking. We have a global leaks referral, which involves just a few reporters but could involve multiple people. I don’t think it’s that many people because I think they probably only have a few sources within these agencies,” Nunes said.
http://freerepublic.com/focus/f-news/3746353/posts
5
posted on
05/02/2019 7:39:00 AM PDT
by
Grampa Dave
( One of President TrumpÂ’s Clinging, Deploreable, Low IQ Dreg supporters helping to MAGA!)
To: SeekAndFind
If Nadler and his committee want to be taken a little more seriously, they need to do away with the chicken references. It makes them look like children.
To: SeekAndFind
Isn’t the subpoena to testify to Congress? Can they force the AG to testify before a cadre of lawyers?
7
posted on
05/02/2019 7:40:57 AM PDT
by
Kenny
To: Repealthe17thAmendment
“If Nadler and his committee want to be taken a little more seriously, they need to do away with the chicken references. It makes them look like children.”
Even children are not that childish.
8
posted on
05/02/2019 7:44:37 AM PDT
by
ought-six
(Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
To: Repealthe17thAmendment
It makes them look like children.
They are children. And the constituents they're playing to are as well.
9
posted on
05/02/2019 7:44:52 AM PDT
by
Antoninus
("In Washington, swamp drain you.")
To: SeekAndFind
Nadler has broadcast his desire for impeachment-by-proxy hearings for months now, quite literally on every news broadcast he can access. Thats why he wants staff counsel to question Barr, a somewhat unusual although not unprecedented maneuver. NEVER has a cabinet member been questioned by congressional staff. Apparently even CNN has admitted this.
Blasey-Ford was a private citizen, not a cabinet member.
10
posted on
05/02/2019 7:45:53 AM PDT
by
MortMan
(Americans are a people increasingly separated by our connectivity.)
To: SeekAndFind
Go for it, Nadler. YOU changed the rules that would allow staffers in on the questioning AFTER he agreed to sit down with your committee.
11
posted on
05/02/2019 7:49:23 AM PDT
by
ScottinVA
(The most urgent gathering threat to America: the Democrat Party)
To: SeekAndFind
Separation of powers. Democrats only like it when it works for to their advantage.
To: SeekAndFind
To: SeekAndFind
Fine, Nads, hold AG Barr in contempt, and issue him the very same punishment that AG Holder received when he was found in contempt of Congress for failing to turn over records relating to Fast and Furious.
14
posted on
05/02/2019 7:53:50 AM PDT
by
Yo-Yo
( is the /sarc tag really necessary?)
To: SeekAndFind
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 Storys 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.
15
posted on
05/02/2019 7:54:01 AM PDT
by
eyeamok
To: SeekAndFind
100% cynical move by Nadler. This is exactly the outcome he wanted — to hold Barr in contempt.
To: Repealthe17thAmendment
..If Nadler and his committee want to be taken a little more seriously, they need to do away with the chicken references. no kidding..even today, sheila jackson lee had a bucket of kentucky fried in front of her face this morning..
17
posted on
05/02/2019 7:58:09 AM PDT
by
SGCOS
To: Grampa Dave
If they are talking about impeaching Barr, removing Barr from office. Isn’t that Obstruction of Justice?
18
posted on
05/02/2019 7:58:46 AM PDT
by
listenhillary
(The Trump win was a down court buzzer beating desperation shot that saved America from destruction)
To: SeekAndFind
Holder also ignored a congressional subpoena. Nothing happened. That should be the precedent for A.G. Barr to follow.
To: All
TYRANT Nadler wants to behead anyone who doesn’t bow and kiss his butt! He is unfit for office in z “REPRESENTATIVE REPUBLIC” or even a true Democracy.
20
posted on
05/02/2019 8:03:20 AM PDT
by
Retvet
(Retvet)
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