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What does “Contempt of Congress” really mean?

Ultimately, Congressional checks are limited against an Administration without shame.

Faced with an Executive Branch that’s basically putting its fists on its waist and saying, “Nuh-uh” to legal requests from the House, Democrats in Congress have a limited number of options. As the article below notes, it’s ultimately limited to (and these are the big guns it can use):

  1. Declare administration figures in Contempt of Congress and (since simple shaming is useless against that gang) take the next logical and legal step of asking the Justice Dept. to fine and/or arrest the offending parties. Which, as we all realize, will be similarly declined.
  2. Sue the administration to comply with what is being requested. The results of that is a court order … which will, presumably, be ignored. Followed by a contempt of court ruling … which will, presumably, be defied (or, more likely, subjected to endless appeal).
  3. Actually send the House’s Sergeant-at-Arms to arrest the offending parties, who can then be tossed in some sort of lockup or another. It’s legal (per SCOTUS, assuming the current edition wouldn’t simply override that precedent). That some Dems are actually muttering about this as an option is a sign as to how far this has gone, and how very few options Congress has in the face of an intransigent President.

There are really only two other powers the House can exert here:

First, it can simply use the power of the purse to shut administration down. That’s highly dangerous, if the citizenry doesn’t see it framed appropriately, especially given the overall damage it can do to innocent bystanders.

The second is impeachment. That’s got high stakes as well, and is further complicated by, well, this kind of blanket obstruction by the executive branch, which has decided obstruction is a winning strategy.  Even investigation as part of a (thoroughly constitutional) process leading toward impeachment proceedings would be hampered by Trump et al. simply saying, “Nuh-uh.”

Because, ultimately, who can compel him to do otherwise?

The GOP in the Senate has already declared any impeachment indictment from the House would be DOA — indeed, that they would make it as quick and kangaroo of a dismissal as humanly possible. Which means impeachment is largely for making the case to the public that, in 2020, they must force Trump to go (and, ideally, the Senate GOP majority).

Assuming Trump doesn’t say “Nuh-uh” to that (“Fake voters! Fraud! SCOTUS, back me up there!”), too.

I’ve often said (over the last two years) that our system has depended on people, if not wanting to do what is right, at least being blocked by shame from being seen to do what is wrong. The Trump Administration, led by the man at the top, has decided that shame is for suckers, have basically set up a challenge to our system. “Nuh-uh. What you gonna do about it?” Trump gets away with it backed now by a friendly Senate and having gotten enough trucklers (confident in possible pardons in extremis) into important roles in Justice (and, he presumes, SCOTUS), has essentially declared himself beyond any checks from Congress, even when backed by force of law (and certainly if backed by tradition and public shaming).

Interesting times.

Do you want to know more?  Contempt of Congress: the House will vote next week – Vox

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One thought on “What does “Contempt of Congress” really mean?”

  1. Executive privilege is the power of the President of the United States and other members of the executive branch of the United States Government to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information or personnel relating to the executive.
    Damn that Constitution.
    If you think about it, any Congress could abuse this type of power. Can you imagine if the Republicans did this to Obama, you’d be outraged.
    This beautiful part of our wonderful Republic’s Constitution limits powers of all branches of Government. Imagine, like you have now, rouge attorneys or Congress women/men could impede any president with lawsuit, supoena, etc… one after another. The Dem’s file law suit after law suit on all of President Trump’s executive orders, which, go figure, are all submitted to an Obama judge, but then over turned.
    He’s your president, just like Obama was mine. You still don’t get why he was elected and the people that elected and like him. Once again, come work with me for a week and you’ll see how us little uneducated Americans live and work.

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