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« "Why Can't We Be Like France?" | Main | NY Post on Fast and Furious »

Procedures for bringing contempt of Congress charges

Posted by David Hardy · 22 June 2012 09:32 AM

I've added this as an update below, but it merits posting here as well. Ken Klukowski has written a law review article on the procedure for bringing a contempt of Congress charge; while I can't find it online, I can find his article on it at Breitbart. In brief, the House must vote to cite, then...

1. The charges are referred to the US Atty for D.C., who of course works for Eric Holder, and is rather unlikely to charge him.

2. The House then votes again, to authorize one of its members to bring suit for the documents. (I'm not clear from the article how the contempt power links to this. In civil contempt, the person is ordered to produce or be punished, and there is no right to a separate trial, jury trial, etc.. But if he produces, there is no punishment. In criminal contempt, the failure to produce is treated as a "done deal." There was a lawful order, and it was violated. He can be punished even if he later produces. In turn, since it is a criminal charge, there is a right to a separate trial, usually trial by jury, etc.).

· BATFE

1 Comment | Leave a comment

ParatrooperJJ | June 27, 2012 9:50 AM | Reply

There's always inherrent contemt....

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