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Originally posted by WeRpeons
I love how conservatives will go after anything they can find when a liberal administration is in office, ...
The criminal contempt charge refers the dispute to District of Columbia U.S. Attorney Ronald Machen, who will decide whether to file charges against Holder. Most legal analysts do not expect Machen -- an Obama appointee who ultimately answers to Holder -- to take any action.
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, Jr., 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 U.S. 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 such as the above, since it is not an "offense against the United States" or against "the dignity of public authority."
Despite voting to hold Attorney General Eric H. Holder Jr. in contempt of Congress, there’s little House Republicans can do in the short term to compel him to turn over documents — unless it wanted to revisit a long-dormant power and arrest him.
The thought is shocking, and conjures up a Hollywood-ready standoff scene between House police and the FBI agents who protect the attorney general. It’s a dramatic and unlikely possibility not least because Congress doesn’t even have a jail any longer. But in theory it could happen.
Republicans say it’s not even under consideration, with House Speaker John A. Boehner’s spokesman flatly ruling it out.
But the process, known as inherent contempt, is well-established by precedent, has been confirmed by multiple Supreme Court rulings, and is available to any Congress willing to force such a confrontation.....
House could arrest Holder with inherent contempt power
17 Democrats voted yes — with most Republicans — to hold Holder in criminal contempt. A * denotes a previous NRA endorsement:
Jason Altmire (D-Pa.) *
John Barrow (D-Ga.)*
Dan Boren (D-Okla.) *
Leonard Boswell (D-Iowa) *
Ben Chandler (D-Ky.) *
Mark Critz (D-Pa.) *
Joe Donnelly (D-Ind.) *
Kathleen Hochul (D-N.Y.)
Ron Kind (D-Wis.) *
Larry Kissell (D-N.C.) *
Jim Matheson (D-Utah) *
Mike McIntyre (D-N.C.) *
William Owens (D-N.Y.) *
Collin Peterson (D-Minn.) *
Nick Rahall (D-W. Va.) *
Mike Ross (D-Ark.) *
Timothy Walz (D-Minn.)*
ON THE HOLDER CIVIL CONTEMPT CHARGE:
Final vote count: 258 to 95. According to the office of the House Majority Whip, 75 members did not vote and five members voted present.
Five Democrats voted present on the civil contempt charge:
Gary Ackerman (D-N.Y.)
Jim Costa (D-Calif.)
Marcy Kaptur (D-Ohio)
Daniel Lipinski (D-Ill.)
Edolphus Towns (D-N.Y.)
Twenty-one Democrats voted yes — with all Republicans — on the Holder civil contempt charge:
Altmire
Ron Barber (D-Ariz.)
Barrow
Boren
Boswell
Chandler
Critz
Peter DeFazio (D-Ore.)
Donnelly
Hochul
Kind
Kissell
Matheson
McIntyre
Michael Michaud (D-Maine)*
Brad Miller (D-N.C.)*
Owens
Peterson
Rahall
Ross
17
:
Originally posted by Sek82
Let them walk. May the truth come to light. The democrats are walking back in to cry right now on CSPAN.
Guess they forgot to lock the doors after they walked out...
Originally posted by morethanyou
Star and flag for you sir. You have integrity.
Could this be capitol punishment if found guilty. Could they legally hang him?
When you look at the likes of the CBC and Pelosi, you can clearly see what the problem in America is. Look into Pelosi's face when she talks, that IS THE problem in America these days.
They should all be held as traitors or interlopers and Jailed for walking out on democracy. Fired on the spot.
Oh BTW, just saying >u
edit on 28-6-2012 by morethanyou because: Just saying Im >u
Originally posted by LucidDreamer85
reply to post by xuenchen
So when she doesn't get her way , she refuses to do her job ?
Way to set an example for the children of this country.
Are they protesting that they want this cover up to stay covered up.
They are probably protesting because some of them may be apart of the f&F case or had knowledge about it and eventually will get found out so that is why they are mad.
Originally posted by Juggernog
Here is a break down of democrat yes votes by name, State and party. At least they chose integrity over partisanship.
source
17 Democrats voted yes — with most Republicans — to hold Holder in criminal contempt. A * denotes a previous NRA endorsement:
Jason Altmire (D-Pa.) *
John Barrow (D-Ga.)*
Dan Boren (D-Okla.) *
Leonard Boswell (D-Iowa) *
Ben Chandler (D-Ky.) *
Mark Critz (D-Pa.) *
Joe Donnelly (D-Ind.) *
Kathleen Hochul (D-N.Y.)
Ron Kind (D-Wis.) *
Larry Kissell (D-N.C.) *
Jim Matheson (D-Utah) *
Mike McIntyre (D-N.C.) *
William Owens (D-N.Y.) *
Collin Peterson (D-Minn.) *
Nick Rahall (D-W. Va.) *
Mike Ross (D-Ark.) *
Timothy Walz (D-Minn.)*
ON THE HOLDER CIVIL CONTEMPT CHARGE:
Final vote count: 258 to 95. According to the office of the House Majority Whip, 75 members did not vote and five members voted present.
Five Democrats voted present on the civil contempt charge:
Gary Ackerman (D-N.Y.)
Jim Costa (D-Calif.)
Marcy Kaptur (D-Ohio)
Daniel Lipinski (D-Ill.)
Edolphus Towns (D-N.Y.)
Twenty-one Democrats voted yes — with all Republicans — on the Holder civil contempt charge:
Altmire
Ron Barber (D-Ariz.)
Barrow
Boren
Boswell
Chandler
Critz
Peter DeFazio (D-Ore.)
Donnelly
Hochul
Kind
Kissell
Matheson
McIntyre
Michael Michaud (D-Maine)*
Brad Miller (D-N.C.)*
Owens
Peterson
Rahall
Ross
17
:
Originally posted by TKDRL
reply to post by stanats
Politically incorrect is telling a dirty joke........
This is a bit worse than that, don't you think?
Originally posted by stanats
Allowing yourself to be bribed and threatened by the NRA has nothing to do with integrity.
Originally posted by morethanyou
Star and flag for you sir. You have integrity.
Could this be capitol punishment if found guilty. Could they legally hang him?
Originally posted by Sek82
Let them walk. May the truth come to light. The democrats are walking back in to cry right now on CSPAN.
Guess they forgot to lock the doors after they walked out...
Originally posted by shaluach
Originally posted by morethanyou
Star and flag for you sir. You have integrity.
Could this be capitol punishment if found guilty. Could they legally hang him?
Wow. Calling for the hanging of a Black man all because he's in contempt of Congress? Interesting.
Originally posted by Noncents
And now, nothing of importance happens. Holder will retain his position but now he will have to answer some questions, maybe pay a fine. Wait and see. If anything actually happens over this then I will be amazed.
They want us to feel like we've won something, like this matters in some way to a greater scheme of things... In reality, a man might get arrested (at most). That doesn't change anything about the way the machine works, has worked, and will continue to work in the future.
This is a distraction.