DU: Rep. Brad Miller Introduces Contempt of Congress Legislation

[Lord Undies]

babylonsister  (1000+ posts)         Fri Jul-18-08 06:04 PM
Original message
Rep. Brad Miller Introduces Contempt of Congress Legislation
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Rep. Brad Miller Introduces Contempt of Congress Legislation
July 17th, 2008 by Karina

Today, Rep. Brad Miller introduced the Special Criminal Contempt of Congress Act. The bill provides for a Special Division of the U.S. Court of Appeals to appoint an independent, “special advocate” to investigate and prosecute alleged Contempt of Congress against current and former Executive Branch employees when the U.S. Attorney refuses to act. The bill is co-sponsored by Judiciary Chairman John Conyers, and Subcommittee Chairs Linda Sanchez and Jerrold Nadler.

From Rep. Brad Miller:

“The law explicitly requires the Justice Department to present Contempt of Congress charges to the grand jury, but the Bush Administration claims Congress can not compel a U.S. attorney to prosecute contempt cases where the White House claims executive privilege,” said Rep. Miller. “Other presidents have made bodacious claims about their powers, but always compromised in the end. No president, not even Nixon, has gone this far before.”

In February, the House approved contempt citations against White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers for ignoring subpoenas in the investigations into the firings of U.S. attorneys for political reasons. However, the U.S. Attorney, at the direction of the President, refused to prosecute the contempt citation. More recently, House Judiciary Committee Chairman John Conyers, Jr. (D-MI) issued a subpoena to former White House Deputy Chief of Staff Karl Rove for testimony about politically motivated prosecution of prominent Democrats.

Under Congressman Miller’s bill, the Special Criminal Contempt of Congress Procedures Act, a federal court can appoint an independent “Special Advocate” to investigate and prosecute alleged Contempt of Congress charges passed by the House of Representatives against current and former executive branch employees, when the Justice Department fails to do so. Like the expired Independent Counsel statute, the Special Advocate established by Miller’s bill would technically work for the Attorney General, and thus be an employee of the executive branch. In practice, the Special Advocate would be largely independent from both the executive and legislative branches and not subject to undue political influences. Unlike the former Office of Independent Counsel, the Special Advocate would have a specific mandate, a finite budget, and a fixed two-year term of office.

“Congress has to protect its powers under the Constitution to hold the President accountable whether Bush, McCain or Obama is in the oval office,” added Miller. “This bill gives Congress a way to enforce contempt in the future and restores constitutional checks and balances when the Justice Department refuses to act.”

“This bill will ensure that a political appointee can not block the wheels of justice when the House refers a contempt citation to the Attorney General,” said Rep. Sanchez.

Defenestrate  (925 posts)         Fri Jul-18-08 06:09 PM
Response to Original message
1. A Hard Rain's Gonna Fall
   
 babylonsister  (1000+ posts)         Fri Jul-18-08 06:11 PM
Response to Reply #1
3. I wonder if this will make any difference with these slime balls.
Will they still be protected because legislation wasn't introduced a year ago?

ccharles000  (1000+ posts)         Fri Jul-18-08 06:10 PM
Response to Original message
2. I am so happy he is my Rep.

That's the whole thing so far.  They act as if the President himself won't have veto power over this "bill"  

In other news, the president has set up a "little congress" in the executive office building in order to pass legislation he likes but the Capitol Hill Congress will not approve.  Look for oil drilling to start anywhere and everywhere next month, three new ultra-conservative judges added to the Supreme Court (making eleven justices total) in late September, and every empty federal bench to be filled by October.  The President said, "Hey, we can step on the separation of powers thing too."

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3642267

[Lord Undies]

spanone  (1000+ posts)        Fri Jul-18-08 06:25 PM
Response to Original message
7. come on goddamit start arresting people. flagrant disregard for the rule of law.

I assume spanone is talking about dope smokers, homos having public sex, and illegal Mexicans.  I mean, if the "rule of law" is so sacred, we cannot pick and choose, right? 

[miskie]

I forget the legal term, but one cannot be prosecuted for breaking a law that did not exist at the time the newly defined "crime" was committed.

So, even if this were to pass, (which it wont) it wont do jack squat to anyone the DUmmies want prosecuted.

But, If, lets say, Obama does win the Presidency, he would be subject to it. This is a typical Moonbat publicity stunt.

[Chris_]

I forget the legal term, but one cannot be prosecuted for breaking a law that did not exist at the time the newly defined "crime" was committed.

So, even if this were to pass, (which it wont) it wont do jack squat to anyone the DUmmies want prosecuted.

But, If, lets say, Obama does win the Presidency, he would be subject to it. This is a typical Moonbat publicity stunt.

ex post facto (Article 1, Section 9)

[Lord Undies]

I forget the legal term, but one cannot be prosecuted for breaking a law that did not exist at the time the newly defined "crime" was committed.

So, even if this were to pass, (which it wont) it wont do jack squat to anyone the DUmmies want prosecuted.

But, If, lets say, Obama does win the Presidency, he would be subject to it. This is a typical Moonbat publicity stunt.

I know it is not going anywhere.  It's fun to watch the little DU goons dance the No Forethought Jig again and again.  

Actually, the justice department should set up a special prosecutor to examine the legality of congress members attempts to make non-crimes look like crimes and turning them into big political stories for political gain.  It is a flagrant misuse of office, after all.

Karl Rove should start suing the shit out of individual democrat congress people.  Their office cannot protect them from being sued for harassment and libel, based on the fact that their political witch hunts are based on subjects which are not crimes at all.      

[miskie]

ex post facto (Article 1, Section 9)

Thank You !

[Duke Nukum]

There should be a law where Congress and/or individual can be held criminally in contempt of The American People.

For instance, this could be applied to the whole institution for Congress' failure to have any sort of responsible energy policy that includes domestic drilling.

And little Schmuckie Schumer could be held in contempt for attempting to manipulate the market and create a panic among depositors in Indymac.

[Chris_]

First: Congress cannot delegate to the Judicial branch, an authority it DOES NOT ITSELF POSSESS - in this case, the Executive Branch's authority to prosecute criminal activity.  Read a copy of the friggin' Constitution for once, DUmmy.

Second: I'll turn myself in right now on those charges.  I ain't got nothing BUT Contempt for Congress: all 535 of their ****in' lordships.

[Airwolf]

First: Congress cannot delegate to the Judicial branch, an authority it DOES NOT ITSELF POSSESS - in this case, the Executive Branch's authority to prosecute criminal activity.  Read a copy of the friggin' Constitution for once, DUmmy.

Second: I'll turn myself in right now on those charges.  I ain't got nothing BUT Contempt for Congress: all 535 of their ****in' lordships.

Lets all jump in. See how far those charges go and then lets see what a lawsuit would do the The Democrats that forced the issue.

[Bondai]

Congress spends it's time trying to screww people instead of dealing with problems like "energy" No wonder their approval rating is 6.....