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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 1 of 17

THE DEMOCRATS SIMPLY WIMPED OUT

 

Based on precedent, statutes, and court rulings, the House and the Senate each have the power to invoke three types of contempt proceedings if a committee believes someone is obstructing its investigative powers.

 

The Congressional Research Service described each of these powers in a detailed March 2019 report.

 

1. The first type of contempt power is a citation of criminal contempt of Congress. This power comes from a statute passed by Congress in 1857. Once a committee rules that an act of criminal contempt has occurred, the Speaker of the House or Senate President refers the matter to the appropriate U.S. attorney’s office, “whose duty it shall be to bring the matter before the grand jury for its action.” However, the Executive Branch in prior situations has claimed that it has the discretion to decide if a grand jury should be convened to hear the charges. But if the case goes to a grand jury, fines and a jail term could result from the ensuing criminal prosecution.

 

2. The second type of contempt power comes in the form of a civil lawsuit brought by the House or Senate, asking a court to enforce a subpoena. The Senate and its committees are authorized to bring such a lawsuit under a federal statute. There is no similar statute that applies in the House, but the federal district court in Washington, D.C. has decided that the House can nevertheless authorize its committees to bring a similar civil suit for enforcement of a subpoena. In either case, an executive branch member can contest the subpoena “based on a governmental privilege or objection the assertion of which has been authorized by the executive branch of the Federal Government,” the CRS said.

 

3. The third type of contempt power—Congress’s dormant inherent contempt power—is rarely used in modern times. Inherent contempt was the mode employed by Congress to directly enforce contempt rulings under its own constitutional authority until criminal and civil contempt statutes were passed, and it remained in use into the twentieth century. Under inherent contempt proceedings, the House or Senate has its Sergeant-At-Arms, or deputy, take a person into custody for proceedings to be held in Congress.

 

Source - https://constitutioncenter.org/blog/the-houses-contempt-powers-explained

 

Contempt of Congress

 

Definition

Congress has the authority to hold a person in contempt if the person's conduct or action obstructs the proceedings of Congress or, more usually, an inquiry by a committee of Congress.

Contempt of Congress is defined in statute, 2 U.S.C.A. § 192, enacted in 1938, which states that any person who is summoned before Congress who "willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry" shall be guilty of a misdemeanor and subject to a maximum $1,000 fine and 12 month imprisonment.

 

Before a Congressional witness may be convicted of contempt, it must be established that the matter under investigation is a subject which Congress has constitutional power to legislate.

Generally, the same Constitutional rights against self-incrimination that apply in a judicial setting apply when one is testifying before Congress

 

 

Source - https://www.law.cornell.edu/wex/contempt_of_congress

 

 

 

( " China if You're Listening - Get Trumps Tax Returns " )

" )
" - Anonymous

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 2 of 17

Under President Trump out the window goes our Constitutional Checks and Balances. Emoluments Clause Violations are now allowed as well. 

Take that Forefather's !!

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 3 of 17

The next project for Barr is investigation of the real colluders (the Democrats) from top to bottom with some jail time for the culprits.

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 4 of 17

@mickstuder wrote:

@Roxanna35 wrote:

After hearing this morning the amount of jokers that actually spoke in Congress, I wonder if anyone noticed, the amount of complete gibbering that it was said.

I even heard one idiot saying that they were making Barr break the Law.  and I am sure that many believe that.

But that is not the issue. the Mueller report redacted of not is not the issue whether Barr, McGaan and Mueller appear in Congress is not the issue.

The issue for the ones that have not noticed.

Is, the fact that there is one branch of Government that is not willing to comply with another Branch of Government.

Wow, don't scream at me, when I am saying Have we become or are becoming a Banana Republic?

What else now needs to happen?  Now, is it the time for Congress to say, I am an equal branch and I will exert my authority? or cave in?

Again, Impeachment is not what is at issue. for those who forget what the impeachment process  is.  Impeachment is just a political issue. not a legal issue.

But,  not having three equal branches of government is a gigantic issue.

So, what do Americans want ? 

 


This Means Absolutley - NOTHING

 

This Was Democratic Political Theatre Meant to Play to the Uninformed Parties in the Democratic Base

 

Maybe No One Heard the Democratic Committee Chair Nadler After the Dog & Pony Show

 

It remains unclear what impact the executive privilege claim will have on the ongoing congressional investigations -- although Nadler signaled on "New Day" Wednesday that such a move could complicate the prospect of Mueller testifying. "Well, now that the President has said what he said, I'm less confident than I was," Nadler said of the special counsel appearing before his committee.

 

BTW To address a Ealier Point you made about Never Hearing Anyone Talking About the Powers of the Sergeant of Arms

 

From the Article Sourced Below

 

There are actual punishments for being in contempt of Congress -- the Senate or House sergeant at arms can detain the contemptuous person!

 

Source - https://www.cnn.com/2019/05/08/politics/bill-barr-nadler-executive-privilege-white-house-mueller-rep...

 

 

 

 


If push comes to shove, it means that Jerry "the whale" Nadler will wind up in court and it will be appealed even to the point of Supreme Court and eventually, Democrats will lose. Why not take the loss now instead of really getting beat up?

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 5 of 17

@Roxanna35 wrote:

After hearing this morning the amount of jokers that actually spoke in Congress, I wonder if anyone noticed, the amount of complete gibbering that it was said.

I even heard one idiot saying that they were making Barr break the Law.  and I am sure that many believe that.

But that is not the issue. the Mueller report redacted of not is not the issue whether Barr, McGaan and Mueller appear in Congress is not the issue.

The issue for the ones that have not noticed.

Is, the fact that there is one branch of Government that is not willing to comply with another Branch of Government.

Wow, don't scream at me, when I am saying Have we become or are becoming a Banana Republic?

What else now needs to happen?  Now, is it the time for Congress to say, I am an equal branch and I will exert my authority? or cave in?

Again, Impeachment is not what is at issue. for those who forget what the impeachment process  is.  Impeachment is just a political issue. not a legal issue.

But,  not having three equal branches of government is a gigantic issue.

So, what do Americans want ? 

 


This Means Absolutley - NOTHING

 

This Was Democratic Political Theatre Meant to Play to the Uninformed Parties in the Democratic Base

 

Maybe No One Heard the Democratic Committee Chair Nadler After the Dog & Pony Show

 

It remains unclear what impact the executive privilege claim will have on the ongoing congressional investigations -- although Nadler signaled on "New Day" Wednesday that such a move could complicate the prospect of Mueller testifying. "Well, now that the President has said what he said, I'm less confident than I was," Nadler said of the special counsel appearing before his committee.

 

BTW To address a Ealier Point you made about Never Hearing Anyone Talking About the Powers of the Sergeant of Arms

 

From the Article Sourced Below

 

There are actual punishments for being in contempt of Congress -- the Senate or House sergeant at arms can detain the contemptuous person!

 

Source - https://www.cnn.com/2019/05/08/politics/bill-barr-nadler-executive-privilege-white-house-mueller-rep...

 

 

 

 

( " China if You're Listening - Get Trumps Tax Returns " )

" )
" - Anonymous

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 6 of 17

@NOTHAPPENING wrote:

@Roxanna35 wrote:

 

 


Do you also remember Jim Jordan saying that why not wait until we have Mueller testifying and you can ask first hand anything you want (before subpoenaing the unredacted report)? I didn't think so. This way you could get the answers from the horse's mouth but that wasn't the objective.


Errhhh - if Trump is going to Claim Executive Privilege over the Entire Mueller Report - what good would it do or what sense would it make for Mueller to Sit B4 any Committee?

 

IF the Entire Report is Privileged - Mueller Can't Talk About it

 

So either Jordan is a Idiot or he's counting on the people listening to him to be

 

BTW - the Members of the House would need the Full Unredacted Report before they could ask Mueller anything meaningful

 

When you go to Trial for commiting Murder the Prosecution doesn't have to depend on simply asking you Questions and hoping they get Lucky - they get the Entire Law Enforcement Investigation and Evidence to review ahead of time so they can ask you Questions that reveal your Guilt or Innocence

 

But more importantly they get to have the Law Enforcement Personnel who did the Actual Investigation come to Court and Enter each piece of Evidence into the Record

 

HINT: - Mueller was the Law Enforcer who did the Investigation

 

In our System of Justice - you don't just get to enter someone elses Investigative Material into the Official Record without the Defendent having a Opportuntity to Challenge the Evidence

 

Republicans on the Committee need the Entire Report in Advance as well - so they can try to discredit anything Mueller concluded that implicates Trump in a crime

 

Do the Research

 

 

 

 

 

 

( " China if You're Listening - Get Trumps Tax Returns " )

" )
" - Anonymous

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 7 of 17

The next step that the Democrats need to take now, is very clear to me. they need to deal in court with all the subpoenas that they have issued and have the court decide on what they need to do. There are actions that they can take in order to have a faster response by the courts and not allow the Trump people to run out the clock.

I am sure that they know what to do and now is the time to act.

 

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 8 of 17

Barr is in contempt - congress voted and held him so...

tRump cannot undo that action of congress - it stands.

 

tRump has used his special red crayon to claim executive privilege - and the world is rolling it's eyes toward the sky at yet another of the childish actions of tRump...

 

 

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 9 of 17

@Centristsin2010 wrote:

@NOTHAPPENING wrote:


Do you also remember Jim Jordan saying that why not wait until we have Mueller testifying and you can ask first hand anything you want (before subpoenaing the unredacted report)? I didn't think so. This way you could get the answers from the horse's mouth but that wasn't the objective.


Mueller isn't accused of malfeasance, and wouldn't be impeached; Barr is and may be.  You're welcome.


It's a real pity that you just found this out.

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Re: BARR IN COMPTEMPT OF CONGRESS

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Message 10 of 17

@GailL1 wrote:

@Roxanna35 wrote:

@GailL1 wrote:

@Roxanna35 

 

Have you already determined the ending to this legal saga?

 

You do know that many of our laws have to be not only tested in various situations but can go up the hierarchy of judicial rule.  In our Democracy, laws and rules can be tested IN COURT.

 

Most likely this will be another legal battle - a push and pull - until there is a judicial ruling on the specifics of the matter from each side and a weighing of the law.

 

It is NOT uncommon to have legal battles between government branches or even different types of governments - state vs federal comes to mind - that happens all the time and even now with Obamacare, Immigration - and on and on.

 

It seems to be playing out just as VOX reported several weeks ago - and this might go as fast as a turtles pace..

 

Just more reason why nothing else much is getting done.

 

VOX 04/18/2019 - How to understand the redactions in the Mueller report

 

from the link ~

Democrats in the House and Senate have made no secret of their desire to see every word Mueller’s team wrote in their final report. Their main argument is that Congress has a right to see the entire document in order to perform their constitutionally mandated oversight duties.

 

“We’ve been doing everything we could for the last weeks and weeks to try and reach an accommodation with the attorney general under which we would see the report and the underlying evidence,” Rep. Jerrold Nadler (D-NY), chair of the House Judiciary Committee, told reporters this week.

 

It’s unclear if they’ll ultimately get their wish, though, especially since Barr has the right to redact what he wants within the law and within reason. In addition, Trump could exercise executive privilege to try to keep information related to him in the Mueller report secret.

 

If Democrats disagree with any of this, though, they can issue a subpoena for an unredacted copy. That would likely pit Congress against the administration in a nasty, drawn-out legal fight, and there’s no guarantee if Democrats would win it.


Didn't I get a response from you saying that you didn't not post political  post that had to do with the President? so what now"

I am glad to see that you show  a different ending to all of this, and to the sake of this country I wish you are correct. but we will see where all of this ends and what happens to this Democracy when all of this is over.


I said I discuss policy and programs - this is a disagreement within policy between (2) branches of government - who can see what and when - the disagreement stems from what each side thinks - A pwer struggle in a certain respect.

 

I personally didn't say anything about anybody specific one way or the other - only how, most likely, it will get SLOWLY resolved because another branch of government (Judicial) will most likely have to end the standoff - 1st one court and then another until it all plays out.

 


Gail  thank you for your response.

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