Author Topic: Please stop asking [D]s to go all NAZI like on Lewandowski....  (Read 1906 times)

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Offline dutch508

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Please stop asking [D]s to go all NAZI like on Lewandowski....
« on: September 18, 2019, 07:33:26 PM »
Star Member StarfishSaver (4,477 posts)

Please stop criticizing Nadler for not arresting Lewandowski on the spot yesterday
Neither the Judiciary Committee chairman nor Congress, as a whole, has the power to arrest anyone "on the spot," even under their inherent contempt authority.

There's a procedure that must be followed.

Among other things, the committee has to first vote to recommend he be held in contempt. That's done in markup, a proceeding that requires several days notice and that must be postponed an additional week if the minority requests.
If the measure passes, it is sent to the floor for a full House vote.

Once the contempt resolution is passed on the floor, Congress has now officially cited the witness for contempt. At that point, there are three different avenues that can be taken for enforcement:

1) refer the citation to the US Attorney for DC and ask them to enforce the citation with an arrest or prosecution. Since the US Attorney reports to the Attorney General, good luck with that;

2) go to court to ask it to enforce the contempt citation; or

3) use its Inherent Contempt power and order Lewandowski to be arrested or fined.

But as soon as that order is issued, Lewandowski's habeus corpus right kicks in and he can ask a court to determine if the arrest is valid. Upon receiving Lewandowski's petition, the court would likely issue a preliminary injunction, prohibiting the Sergeant-at-Arms from arresting him and blocking any effort to exact a fine, pending resolution of the case.

And, assuming the court eventually rules that Congress can arrest him, it's not clear how that arrest would actually be carried out since, among other things, it hasn't never been established whether the Sergeant-at-Arms jurisdiction extends beyond Capitol grounds.

The whole "use their contempt authority to arrest him on spot" demand has no basis in law or procedure.


Star Member mcar (29,020 posts)

1. Stop getting in the way of a good DU Dem bashing. Facts are irrelevant!

mcar is trying to be funny... but... it's true...

Star Member sharedvalues (6,578 posts)

2. Ok, so: hold in contempt

And let them fight the Inherent Contempt arrest warrant in the courts.

Nadler and the Dems could be doing this.


Star Member Hortensis (33,110 posts)

5. Good post. Yes, Wm Barr would have to prosecute the people's

case against Lewandowski for contempt of congress. That'd be like expecting the corrupt, black-hatted sheriff in an old western to protect the nice farm family against the avaricious rancher instead of murdering and running them off the land. Not going to happen.

I did hear Judiciary is considering the option of fining these people, which apparently would not require Barr's cooperation. A single fine cannot exceed $100,000. Which makes me wonder how many times Lewandowski was in "inherent contempt" of congress yesterday. ?

"And the only thing that talks around this administration is money. So if you start fining him, let's say, $5,000, $10,000, $15,000 a day, at some point, you are going to get him to comply." ~ Jackie Speier

Someone else commented on the commonality of greed among these people.


PoliticAverse (21,049 posts)

10. inherent contempt (which would be prosecuted by Congress itself) is different than the criminal

contempt which is prosecuted under the DOJ.

Star Member StarfishSaver (4,477 posts)

11. Thanks

I'm not even sure if they can sustain a contempt charge.

First, unlike many others, he didn't defy the subpoena. He showed up and testified. Second, his refusal to respond to some questions was based on the White House's invocation of executive privilege. That's not contempt on his part.

And, finally, while he was rude, obnoxious and evasive in his responses, that doesn't rise to the level of contempt. He answered the questions, regardless how obnoxiously he did it. I think a court would be hard-pressed to accept "he showed up, answered all of our questions except the ones he was told not to answer under executive privilege, but we didn't like his tone" as a basis for putting someone in custody for contempt.

That's not to say he shouldn't be held in contempt, but to say a decision about this is not as cut-and-dry as some people assume and the committee needs to consider and weigh a number of factors. They don't have the luxury of just yelling "lock him up!" regardless how satisfying that might be to some of us.


Baked Potato (22 posts)

7. He shat on himself and his family honor

He is the poster boy for the definition of a liar. He probably ruined his chance at Senator. The Easter Bunny will fly past his house in protest.

That’s a good start...


bluestarone (6,575 posts)

16. Agree here on Lewandowski BUT just wondering after this thread

WHO would make the decision on IF the House could use Inherent Subpoena? (and actually arrest someone) It would definitely be useful sometime down the road right?

Star Member JI7 (75,350 posts)

29. there is a lot of misinformation

someone actually thought trump would not be able to make appointments during various impeachment processes.

and some think you only need a majority of Democrats to get impeachment when you need a majority of the entire house.

Well,... to be fair... you DUmpmonkiez are ****ing idiots...

The torch of moral clarity since 12/18/07

2016 DOTY: 06 Omaha Steve - Is dying for ****'s face! How could you not vote for him, you heartless bastards!?!

Offline DUmpsterDiver

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Re: Please stop asking [D]s to go all NAZI like on Lewandowski....
« Reply #1 on: September 18, 2019, 07:57:50 PM »
>Star Member StarfishSaver (4,477 posts)... shows  sanity @ thedump

This is a disturbing trend for the DUmbest website in America.

Offline Ralph Wiggum

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Re: Please stop asking [D]s to go all NAZI like on Lewandowski....
« Reply #2 on: September 18, 2019, 08:34:33 PM »
As usual, cracks me up that they want Lewandowski in handcuffs for not telling them what they wanted to hear.
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