Impeachment News: Attorney General Would Refuse to Enforce Contempt

[Bravo Zulu]

Impeachment News: Attorney General Would Refuse to Enforce Contempt
From: Congressman Robert Wexler ([e-mail])

Sent:Fri 2/08/08 3:50 PM
Reply-to:[e-mail]

Dear Alexander,

Our Constitution is under threat and the most basic principle of checks and balances is being undermined. Not since Watergate has a president so openly disregarded the will of Congress.

During hearings in the Judiciary Committee yesterday, I told Attorney General Michael Mukasey that I called for impeachment hearings because of the stonewalling and blatant abuses of the Bush Administration. He responded by stating that he will NOT enforce a contempt of Congress citation against Harriet Miers and White House Chief of Staff Josh Bolten for refusing to testify before Congress. The video is here: http://www.youtube.com/watch?v=B7M9sjRLCtQ

Alberto Gonzales may be long gone, but the Bush Administration continues its executive overreach with the new Attorney General.

We can debate the need for Impeachment hearings. We can argue its effects on the election or our agenda. But one thing is abundantly clear:

If Congress' right to require testimony is undermined, then our country's leaders - Democrat, Republican, or Independent - will be immune from accountability.

The power of the subpoena - to call officials before us - is one of the most fundamental safeguards in our system of government. To have it effectively discarded - by virtue of the President instructing Administration officials to ignore a congressional subpoenas and not even appear before Congress - is unprecedented. The idea that the Attorney General would willingly defend this position - despite Congress' constitutional right to call such witnesses, is outrageous.

Impeachment hearings could render this moot: The President, Vice President, and all officials under them would no longer invoke executive privilege. There would be no more smokescreens.

In one week, I will be delivering my letter calling for impeachment hearings to Chairman John Conyers. Already, 16 Members of Congress have joined my call, including 3 Judiciary Committee members. I am hopeful for more in the coming days, but it is important for you to reach out to your representative in Congress to express how you feel. You can view the current list of signers, here: http://www.wexlerforcongress.com/news.asp?ItemID=230

I do not know how Congress will react, but I do know this: I will pursue this course aggressively. I will not compromise away the constitutional role of Congress. Your support is invaluable. Please know that I am working everyday to ensure that the Bush Administration is held accountable.

Please continue to support this movement at www.wexlerwantshearings.com.

Yours truly,

Congressman Robert Wexler

[joeybee12]

1. Thank you Diane Feinstein! n/t

[rateyes]

2. Schumer, DiFi and Leahy (in that order) should be

ashamed of themselves for allowing this pinhead AG's confirmation. He shouldn't have even been allowed a hearing.

[robinlynne]

3. surprise.....

[fascisthunter]

4. DLC's Perfect Alibi

You think they didn't know this shit was going to happen? Do you think they didn't know about Iraq not having WMD's? BS....

[Disturbed]

6. If the Dems really wanted Josh Bolton & H. Meirs to appear they

would issue Inherent Contempt Orders on them. It seems that they aren't serious about the Subpena on these two.

Remember that Gen. & that Waxman Subpena? The Gen never did show up & nothing was done about it.

[fascisthunter]

13. I Aint Fooled by the Corporate Tools in This Party

The Democratic Party is corrupt as hell. The GOP had to stoop sooo low that even the Dems corruption looks like just spilled milk. Still though... it's a sham.

[The Backlash Cometh]

5. I guess we're all chopped liver.

Right under our noses, they took away the enforcers of the law so they knew they would never have to answer for their crimes.

[Dawggie]

7. Wow. and I wonder why I need cialis.

[malaise]

8. Arrest all of them n/t

[frebrd]

9. Obviously...

That had to be one of the conditions for being nominated.

:grr:

[warren pease]

10. Are we the only people in the country who've ever heard of inherent contempt?

Somebody needs to tell Wexler that he can completely eliminate Mukasey from the picture -- and raise a couple of middle fingers high as he blows right by this protofascist fan of torture -- round the fuckers up and place them in that underused jail cell in the Capitol basement that's just waiting for rat bastards like Rove and Miers and Bolton and the rest of these criminals who've decided they had "other priorities" than testifying before the House Judiciary Committee.

Goddamn it! Get busy. Call in the US Marshals, alert the cable news network celebrity stalkers and their camera crews, make each of the suspects do the slow perp walk in broad daylight, hustle them down to the basement, lock them up, feed them slop and make them piss into a hole in the cell floor. And show these fuckers in such a way that it makes a lasting impression that there is such a thing as the rule of law and that there is such a concept as enough. And btw, there's a cell just like this one waiting for all these swine at Leavenworth or maybe a Supermax somewhere in Colorado.

Think that might get somebody's attention? Think that might produce some useful testimony? Call me Pollyanna, but I just don't see KKKarl choosing to go down with the ship if that means he's going to spend a fair amount of time dealing with Razor and Spike, the gigantic bald weight lifters with more tattoos than a kid with measles has spots, and who think suety, blubbery, lard-ass KKKarl is just gawd's gift to man. Of course, KKarl might just like it rough...


wp

[troubleinwinter]

12. Yesss, Inherent Contempt. How does it get set into action? How many

weak, look-away congressmembers are required?

[warren pease]

14. Here's what Wiki says about it...

Inherent contempt

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation.)

Concerned with the time-consuming nature of a contempt proceeding and the inability to extend punishment further than the session of the Congress concerned (under Supreme Court rulings), Congress created a statutory process in 1857. While Congress retains its "inherent contempt" authority and may exercise it at any time, this inherent contempt process was last used by the Senate in 1934, in a Senate investigation of airlines and the U.S. Postmaster. After a one-week trial on the Senate floor (presided over by the Vice-President of the United States, acting as Senate President), William P. MacCracken, a lawyer and former Assistant Secretary of Commerce for Aeronautics who had allowed clients to rip up subpoenaed documents, was found guilty and sentenced to 10 days imprisonment.<5>

MacCracken filed a petition of Habeas Corpus in federal courts to overturn his arrest, but after litigation, the US Supreme Court ruled that Congress had acted constitutionally, and denied the petition in the case Jurney v. MacCracken.<6><7>

Presidential pardons appear not to apply to a civil contempt procedure like the above, since it is not an "offense against the United States" or against "the dignity of public authority."

Here's the whole entry on "Contempt of Congress."

Unfortunately, I can't tell how many it takes to start the process. I'd think that any member has the authority to initiate proceedings, but that's not specific in the Wiki entry. I'll poke around a bit more. Maybe findlaw has something more useful.


wp

[troubleinwinter]

15. "the chamber concerned" would be the House or the Judiciary Committee?

[warren pease]

16. In this case, the House. Otherwise, the Senate. n/t

[spanone]

11. then they can start impeaching mukasey's ass too

[Disturbed]

17. As I said, the Dems are not serious.

If they were they would have moved on the three under Subpoena by issuing the Inherent Contempt months ago.

[kelligesq]

18. Attorney General Munkasey Needs To Hear From > YOU

--------------------------------------------------------------------------------

This is the attorney General that Senator Schumer , dem NY
convinced Judiciary Committee to pass. Only Feingold refused.

Munkasey's refusal to enforce Congressional subpoenas and contempt against Bush administration people amounts to enforcing the imperial presidency, dictatorship

Munkasey needs to be reminded that he is not the administrations' personal attorney ala Gonzales but has sworn to enforce The Constitution of the United States, he is supposedly THE PEOPLE"S voice and arm for Justice.

Only he isnt.

How do you impeach an Attorney General.

I think Munkasey needs to be reminded by the people what his job is.

Toll Free numbers to Washington DC
1 800 828 0498
1 800 614 2803
1 800 340 9281
1 800 338 1015
1 800 220 0044

these are numbers to the switchboard in DC - you get an operator and ask for the Senator or Congressman's or whoever's office you want to speak with.

If any of the numbers are no longer active please let me know, I'll remove it.


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BY PHONE:

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[Disturbed]

19. Phone calls, E-mails & Fax no longer garner much attention.

A hand written letter is more effective.