Cold War II: The United States vs Trump and Co. A Russian Affair

Idaeo

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Orbital-Fetus said:
i wonder what this is about.
they talked about this on the Mueller She Wrote podcast this past week.
why is the prosecution requesting that transcripts be withheld?
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Because the US Gov would have to acknowledge and detail sensitive intelligence gathering methods. The transcripts are from tapped phone calls
 
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JUST IN: The Department of Homeland Security will examine faulty equipment used in a North Carolina county during the 2016 election that reportedly told people they had already voted that day, even though that was not the case.


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Federal officials inspecting North Carolina election equipment amid fears Russia hacked it
The vendor that supplied the equipment was previously discovered to be a target of Russian attempts to interfere in U.S. elections.
 
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Worthless Loser

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Holding Barr in Contempt of Congress means absolutely nothing because ultimately the House would have to get the DOJ or the US Attorney for DC to officially charge Barr with contempt and there's no way in the world they would charge their boss. Nor will it happen to anyone else the House Dems hold in contempt. The most that would happen is the Sargarent of Arms putting Barr in cuffs and bringing him to the floor of the House to read charges, but after that Barr walks free since his own US Atty or DOJ won't charge him so that's just political theater at the maximum.
 
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Frank Grimes said:
Holding Barr in Contempt of Congress means absolutely nothing because ultimately the House would have to get the DOJ or the US Attorney for DC to officially charge Barr with contempt and there's no way in the world they would charge their boss. Nor will it happen to anyone else the House Dems hold in contempt. The most that would happen is the Sargarent of Arms putting Barr in cuffs and bringing him to the floor of the House to read charges, but after that Barr walks free since his own US Atty or DOJ won't charge him so that's just political theater at the maximum.
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They could lock him up under the doctrine of inherent contempt.

They could also hold him in civil contempt.

If for doe reason he ordered the DOJ not to pursue a contempt recommendation they could always impeach him.

I'm down for fukkery and controversy. :sas1:
 
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Call Me James said:
They could lock him up under the doctrine of inherent contempt.

They could also hold him in civil contempt.

If for doe reason he ordered the DOJ not to pursue a contempt recommendation they could always impeach him.

I'm down for fukkery and controversy. :sas1:
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Civil contempt against Barr can be argued all the way to the Supreme Court. Which works in Trump's favor because his entire strategy is stall/run out the clock by any obstructive means and going through the three levels of the courts would take many months.

Inherent contempt sounds good on paper until the federal courts let Barr walk. I highly doubt they would let the Attorney General of the US be held captive.
 
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Frank Grimes said:
Civil contempt against Barr can be argued all the way to the Supreme Court. Which works in Trump's favor because his entire strategy is stall/run out the clock by any obstructive means and going through the three levels of the courts would take many months.

Inherent contempt sounds good on paper until the federal courts let Barr walk. I highly doubt they would let the Attorney General of the US be held captive.
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Any contempt case against Barr will be fast tracked to the Supreme Court.

:ld:

Inherent Contempt
Congress’s inherent contempt power is not specifically granted by the Constitution, but is
considered necessary to investigate and legislate effectively. The validity of the inherent contempt
power was upheld in the early Supreme Court decision in Anderson v. Dunn and reiterated in
McGrain v. Daugherty. Under the inherent contempt power the individual is brought before the
House or Senate by the Sergeant-at-Arms, tried at the bar of the body, and can be imprisoned or
detained in the Capitol or perhaps elsewhere.79 The purpose of the imprisonment or other sanction may be either punitive80 or coercive.81 Thus, the witness can be imprisoned for a specified period
of time as punishment, or for an indefinite period (but not, at least by the House, beyond the end
of a session of the Congress) until he agrees to comply. One commentator has concluded that the
procedure followed by the House in the contempt citation that was at issue in Anderson v. Dunn is
typical of that employed in the inherent contempt cases.
These traditional methods may be explained by using as an illustration Anderson v. Dunn.
... In 1818, a Member of the House of Representatives accused Anderson, a non-Member,
of trying to bribe him. ... The House adopted a resolution pursuant to which the Speaker
ordered the Sergeant-at-Arms to arrest Anderson and bring him before the bar of the House
(to answer the charge). When Anderson appeared, the Speaker informed him why he had
been brought before the House and asked if he had any requests for assistance in answering
the charge. Anderson stated his requests, and the House granted him counsel, compulsory
process for defense witnesses, and a copy, of the accusatory letter. Anderson called his
witnesses; the House heard and questioned them and him. It then passed a resolution
finding him guilty of contempt and directing the Speaker to reprimand him and then to
discharge him from custody. The pattern was thereby established of attachment by the
Sergeant-at-Arms; appearance before the bar; provision for specification of charges,
identification of the accuser, compulsory process, counsel, and a hearing; determination of
guilt; imposition of penalty.82
When a witness is cited for contempt under the inherent contempt process, prompt judicial review
appears to be available by means of a petition for a writ of habeas corpus.83 In such a habeas
proceeding, the issues decided by the court might be limited to (a) whether the House or Senate
acted in a manner within its jurisdiction,84 and (b) whether the contempt proceedings complied
with minimum due process standards.85 While Congress would not have to afford a contemnor the
whole panoply of procedural rights available to a defendant in criminal proceedings, notice and
an opportunity to be heard would have to be granted.86 Also, some of the requirements imposed
by the courts under the statutory criminal contempt procedure (e.g., pertinency of the question
asked to the committee’s investigation) might be mandated by the due process clause in the case
of inherent contempt proceedings.87
Although many of the inherent contempt precedents have involved incarceration of the
contemnor, there may be an argument for the imposition of monetary fines as an alternative. Such
a fine would potentially have the advantage of avoiding a court proceeding on habeas corpus
grounds, as the contemnor would never be jailed or detained. Drawing on the analogous authority to
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