Gonzales & Contempt of Court... Nah....He (DOJ) would decide

[AnnInLa]

via C&L:

http://thenexthurrah.typepad.com/the_next_hurrah/2006/05/youre_not_getti.html


So that's how we'll enforce our subpoenas. Isn't it? Maybe not:

In order to be convicted of contempt of Congress, the congressional committee subject to the contempt first reports a resolution that the affected individual is guilty of contempt. This takes a majority vote of the committee. The full United States House of Representatives or United States Senate then must approve the resolution, which sends the matter to a federal attorney, who may call a grand jury to decide whether to indict the affected individual, and prosecute if the grand jury affirms an indictment. This version of the procedure was put into place in 1857 and exists in order to provide a balance of power so the House and Senate cannot run amok and jail all their political opponents with contempt charges. The Congress is also restricted in that contempt citations can only be brought on matters that relate to legislative purposes within the jurisdiction of the committee that brings the charges.

From time to time, Congress lodges contempt of Congress charges against members of the United States government, usually members of the executive branch of the United States who claim that releasing their records to a committee would cause more harm than good, or sometimes that the records are protected by executive privilege and must remain secret. This can put the executive branch in an unusual ethical position, since the executive branch employs the United States Attorney, who decides whether to bring cases of contempt of Congress to the grand jury. In addition, it is often the United States Attorney who advises executive branch members in the first place whether to withhold controversial documents or provide them to the congressional committees.

So the enforcement of the vaunted Congressional subpoena power we're all so hot to get our hands on in order to check the out-of-control Bush "administration" actually falls to... the Bush "administration?" Er... well... (shuffling of feet)...

more at: http://thenexthurrah.typepad.com/the_next_hurrah/2006/05/youre_not_getti.html

[Toots]

1. There is a Constitutional Crisis occuring as I type this

Subpoenas will be issued and they will be ignored and Congress will find out they have zero power now and the "Unitary Executive" is now in total control...That is because no one said anything for six long years and now it is too late...

[AnnInLa]

2. It it's too late, what is the "crisis?"

The best we can do is to bring the conflict to the American public, and hope that the next Dem president will appoint judges to the Supreme Court who will be more amenable to equal power for all 3 branches of the govt.

[Toots]

3. Right and Bush* "won" the election

Both Roberts and Alito will still be there when your grand kids are old enough to run for President Scalia is still fairly young and so is Thomas. The next President will not name any Supreme Court justices. Right now the federal courts are packed and I mean packed with right wing ideologues and even federal prosecutors are being purged and you believe everything will be fine in 2008? :crazy:

[AnnInLa]

4. NO, I don't think everything will be fine in 2008

I didn't say that.

I think the crisis has passed, unnoticed, un-commented-upon. The best we can hope for is a Dem pres in 2008.