Inherent contempt - judiciary has similar power

[HeraldSquare212]

I thought people might be interested in seeing that the judiciary apparently has the power to prosecute directly if the US atty declines a request to do so, very similar to that being advanced by people with respect to Congress. Apparently a judge has just recently invoked that power.

From the Wall Street Journal's law blog (don't need subscription to read) dated July 27, 2007:

The U.S. attorney in Alabama earlier this week declined a federal judge’s request to prosecute Scruggs and his Mississippi law firm for criminal contempt in a case relating to Hurricane Katrina insurance claims. Yesterday, the judge, William M. Acker Jr., appointed two Birmingham lawyers as special prosecutors to pursue the charge against Scruggs (pictured).

.. snip..

Why do district courts have this prosecutorial power? In a 1987 Supreme Court decision, Justice Brennan explained it — “the Judiciary must have an independent means to vindicate its own authority without dependence on another Branch to decide whether proceedings should be initiated. ”

...

http://blogs.wsj.com/law/