Re: Bannon Indicted on Contempt Charges - BFD...SO WHAT, RUDY?

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Nancy Pelosi Imaginary Insurrection

Nov 19, 2021, 7:55:03 PM11/19/21
On 12 Nov 2021, Rudy Canoza <j...@phendrie.con> posted some
> Stephen K. Bannon, a former top aide to Donald Trump, had refused to comply with
> subpoenas from the House committee investigating the Jan. 6 attack on Congress.

Cry for us dwarf!

[House Practice: A Guide to the Rules, Precedents and Procedures
of the House]
[Chapter 17. Contempt]
[From the U.S. Government Publishing Office,]


Sec. 1. In General
Sec. 2. Statutory Contempt Procedure
Sec. 3. -- Duties of the Speaker and U.S. Attorney
Sec. 4. -- Defenses; Pertinence Requirement
Sec. 5. Purging Contempt
Research References
2 Hinds Sec. Sec. 1597-1640; 3 Hinds Sec. Sec. 1666-
6 Cannon Sec. Sec. 332-334
Deschler Ch 15 Sec. Sec. 17-22
Manual Sec. Sec. 293-299
2 USC Sec. Sec. 192, 194

Sec. 1 . In General

An individual who fails or refuses to comply with a House
may be cited for contempt of Congress. Eastland v. United
Servicemen's Fund, 421 U.S. 491 (1975). Although the
Constitution does
not expressly grant Congress the power to punish witnesses for
contempt, that power has been deemed an inherent attribute of
legislative authority of Congress (Anderson v. Dunn, 19 U.S.
(1821)) so far as necessary to preserve and exercise the
authority expressly granted (Marshall v. Gordon, 243 U.S. 521
However, as a power of self-preservation, a means and not an
end, the
power does not extend to infliction of punishment. Manual
Sec. Sec. 294-296.
To supplement this inherent power, Congress in 1857
adopted an
alternative statutory contempt procedure. Sec. 2, infra. Thus,
House may either (1) certify a recalcitrant witness to the
United States Attorney for possible indictment under this
statute or
(2) exercise its inherent power to commit for contempt by
the witness in the custody of the Sergeant-at-Arms. Manual
Sec. 296.
The statutory procedure is the one used in modern practice,
but the
``inherent power'' remains available. In one instance, the
invoked both procedures against a witness. 3 Hinds Sec. 1672.
In contrast, the Senate may invoke its civil contempt
statute (2
USC Sec. 288d) to direct the Senate legal counsel to bring an
in Federal court

[[Page 450]]

to compel a witness to comply with the subpoena of a committee
of the
Under the inherent contempt power of the House, the
witness may be arrested and brought to trial before the bar of
House, with the offender facing possible incarceration. 3 Hinds
Sec. 1685. At the trial of the witness in the House, questions
may be
put to the witness by the Speaker (2 Hinds Sec. 1602) or by a
committee (2 Hinds Sec. 1617; 3 Hinds Sec. 1668). In one
instance, the
matter was investigated by a committee, the respondent was then
brought to the bar of the House, and a resolution was reported
to the
House for its vote. 2 Hinds Sec. 1628.
The inherent power of Congress to find a recalcitrant
witness in
contempt has not been invoked by the House in recent years
because of
the time-consuming nature of the trial and because the
jurisdiction of
the House cannot extend beyond the end of a Congress. See
Anderson v.
Dunn, 19 U.S. 204 (1821). The first exercise of this power in
House occurred in 1812, when the House proceeded against a
editor who declined to identify his source of information that
been disclosed from executive session. 3 Hinds Sec. 1666. Such
had been exercised before the adoption of the Constitution by
Continental Congress as well as by England's House of Lords
and House
of Commons. Jurney v. MacCracken, 294 U.S. 125 (1935).
Although the
use of such powers was supported by the Supreme Court in
neither House has used them since 1935.

Sec. 2 . Statutory Contempt Procedure


An alternative statutory contempt procedure was enacted in
Under this statute the wrongful refusal to comply with a
subpoena is made punishable by a fine of up to $1,000 and
for up to one year. A committee may vote to seek a contempt
against a recalcitrant witness. This action is then reported
to the
House. 2 USC Sec. 192. If a resolution to that end is adopted
by the
House, the matter is referred to a U.S. Attorney,

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