The non-existent inherent contempt arrest powers of congress.

Discussion in 'Congress' started by justoffal, Oct 15, 2019.

  1. justoffal
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    justoffal Gold Member

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    The vile and empty threat of congressional Democrats to use the inherent contempt arrest powers of congress in a way that is completely unrelated to their legislative duties is a laughable joke. Regardless of what it is Pelosi may order the sergeant-at-arms to do ultimately it will end up before a judge who will make the final decision.

    There is a real possibility that the secret service detachment assigned to any given member of the White House staff will use deadly force to prevent an illegal arrest. Without a proper vote, without a proper proceeding and without proper authority the death of such members of that obese and sedentary bureaucracy known as the Capitol Police would lay squarely at the feet of those who ordered such illegitimate actions.

    In short Congress does not have a stand-alone authority to arrest detain and incarcerate. They still need the blessing of the court system to carry it out and in this instance I do not believe they will get it.

    Jo
     
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  2. bigrebnc1775
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    bigrebnc1775 Diamond Member

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    Actually the only one that has arrest powers is the executive branch. Not the Legislative branch. Not the Judicial Branch
    Let me see who is head of the executive branch? OH yeah, that would be Donald J. Trump President.
     
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  3. cnm
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    cnm Diamond Member

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    https://www.washingtonpost.com/outlook/2019/05/15/house-has-power-arrest-people-who-defy-its-orders/

    McGrain v. Daugherty made clear that the Constitution grants each chamber of Congress inherent power to hold hearings and to launch investigations as it conducts its legislative and oversight business — and also that Congress can compel compliance with its subpoenas through direct arrest and detention. The court wrote: “Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain that which is needed.” This power comes on top of any recourse that Congress might have to pursue contempt charges in court.
     
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  4. justoffal
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    justoffal Gold Member

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    Suuuuuuure..... Let em try it.....lol.
    They'll find out very quickly what
    they can't do. You're missing the point written right into your quote....the court is an inevitable component.


    Jo
     
  5. CrusaderFrank
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    CrusaderFrank Diamond Member

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    Interesting
     
  6. cnm
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    cnm Diamond Member

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    Deplorable Reading Comprehension Disorder (DRCD) strikes again.

     
  7. Leo123
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    Leo123 Gold Member

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    That decision was based on the Teapot Dome scandal where a senate COMMITTEE commanded Mally S. Daugherty to appear before that committee. Which Senate Committee is commanding Trump or anyone else to appear before it? That's right, there is no bipartisan committee, only Nancy pants and pencil neck, et al.
     
  8. Daryl Hunt
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    Daryl Hunt Your Worst Nightmare Gold Supporting Member Supporting Member

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    There is an escape clause when concerning the Supreme Court. Yes, the US Marshal's Service is under the Justice Department but they are also assigned under the Judicial Department. When a Judge issues an arrest order, it's the US Marshals that seek and apprehend the person and brings them in front of the Court. The US Marshal's Service predates the Judicial Department by a large margin. They date back to almost the time of the creation of the Supreme Court. At one time, the Judges hired and fired the Marshals at will. I don't know when that changed. But Tradition is very important to the US Marshals as they are the oldest and proudest Federal Police Force. And push comes to shove, if an order of contempt is issued by congress, SCOTUS will be duty bound to uphold it and bring that person in front of the Court or have them apprehended on Contempt of Court Charges and the US Marshals will bring them in. Once that person is in front of the Court, Congress can have their own Sgt at Arms force take custody of them.

    Do you honestly believe that the Secret Service will fire on the US Marshals? You honestly believe that Barr will give that order? Rump might try and give that order but I doubt if anyone would actually listen. At that point the 25th Amendment might become a reality.

    The Old Girl has been through a lot worse than She is going through right now and still stands. I have faith in the Old Girl and the Constitution of the United States that it's based on. So we just let it play out and see where it goes. Leaders change but the old Girl still stands.
     
  9. bigrebnc1775
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    bigrebnc1775 Diamond Member

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    The only branch that has arrest power is the executive branch.
    This isn't Judge Dread.
     
  10. Daryl Hunt
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    Daryl Hunt Your Worst Nightmare Gold Supporting Member Supporting Member

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    The US Marshal's Service is part of the Executive Branch assigned directly to the IG. They are equivilent to every other branch of the Judicial branch. They are at the same level as the FBI. But they have separate powers than the others. They are assigned directly to be the Law Enforcement for the Federal Court Systems and Judges. The US Marshals have fill that position long before there was ever an IG or a Judicial Branch. When the Judicial Branch was created, the US Marshals were included to keep the power separate. But the responsibilities of the US Marshal's Branch didn't change. They still report to the Federal Judges.

    To coin a phrase from Admiral Maguire, "This is Unprecedented". No time in modern history have we been in this type of situation where two branches may be at total odds with a third and the total control of Law Enforcement of one may come into question over another. It also appears that this may be a method of tearing our Federal Government to the ground not by outside pressures but from pressures from within. Luckily, it appears our founding fathers left a loophole that prevents that from happening, the US Marshal's Service.
     

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