Can the House send Holder to jail?
...........if Rep. Darrell Issa really wants to get his point across
with Holder, he can bypass the Senate and the U.S. Attorney by making
the charge against Holder to be ‘inherent contempt.’ Inherent contempt
is a rarely used charge these days. In fact, the last time it was used
was by the Senate in 1934 in a case that involved William P. MacCracken
Jr. and the U.S. Postmaster.
In an inherent contempt proceeding, the Senate or in today’s case the
House, brings the contempt charges against the individual, in this case
Eric Holder. The Sergeant-at-Arms for the House then arrests the
person charged and brings them to the floor of the House. The charges
are read, discussed and then voted upon. If the House votes in favor of
the charges, the guilty party is then subject to the appropriate
punishment, which may include imprisonment. The House will decide if
they want to send Holder to prison for his actions or just give him a
slap on the wrist, like they often do.
In the 1934 case, MacCracken was charged with inherent contempt of
Congress for refusing to testify before Congress and allowing his
clients to destroy documents that Congress had subpoenaed. The Senate
voted to hold MacCracken in inherent contempt and promptly sentenced him
to 10 days in jail. MacCracken appealed in federal court and the case
eventually made its way to the U.S. Supreme Court who ruled that the
Senate had acted constitutionally and that MacCracken would indeed have
to serve his 10 days in jail.
Lawyers and politicians LOVE "precedents" and I want Congress to send Holder to jail - and for a lot more than 10 days!! Do you want him to go to jail?
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