Lock him up!!
Robert Reich encourages Congress to consider arresting William Barr
Washington Examiner-Apr 30, 2019
"What could the Committee do? Hold Barr in contempt of Congress—under Congress's inherent power to get the information it needs to carry out its constitutional duties. Congress cannot function without this power," Reich wrote. "Under this inherent power, the House can order its own sergeant-at-arms to arrest the offender, subject him to a trial before the full House, and, if judged to be in contempt, jail that person until he appears before the House and brings whatever documentation the House has subpoenaed."
Reich noted historical precedence of at least threatening jail time, citing the Nixon era, but cast doubt on Nadler actually going through with such an extreme show of force.
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This petition for a writ of habeas corpus was brought in the Supreme Court of the Disttrict of Columbia by William P. MacCracken, Jr., against Chesley W. Jurney, the Sergeant at Arms of the Senate of the United States. The writ issued; the body of the petitioner was produced before that court; and the case was then heard on demurrer to the petition. The trial court discharged the writ and dismissed the petition. The Court of Appeals, two justices dissenting, reversed that judgment and remanded the case to the Supreme Court of the District, with directions to discharge the prisoner from custody. 63 App.D.C. 342, 72 F.(2d) 560. This Court granted certiorari because of the importance of the question presented. 293 U.S. 543 , 55 S.Ct. 113, 79 L.Ed. --.
The petition alleges that McCracken was, on February 12, 1934, arrested, and is held, under a warrant issued on February 9, 1934, after MacCracken had respectfully declined to appear before the bar of the Senate in response to a citation served upon him pursuant to Resolution 172, adopted by the Senate on February 5, 1934. The resolution provides: [294 U.S. 125, 144] 'Resolved, That the President of the Senate issue a citation directing William P. MacCracken, Jr., L. H. Brittin, Gilbert Givven, and Harris M. Hanshue to show cause why they should not be punished for contempt of the Senate, on account of the destruction and removal of certain papers, files, and memorandums from the files of William P. MacCracken, Jr., after a subpoena had been served upon william P. MacCracken, Jr., as shown by the report of the Special Senate Committee Investigating Ocean and Air Mail Contracts.'...
...MacCracken's sole contention is that the Senate was without power to arrest him with a view to punishing him, because the act complained of-the alleged destruction and removal of the papers after service of the subpoena-was 'the past commission of a completed act which prior to the arrest and the proceedings to punish had reached such a stage of finality that it could not longer affect the proceedings of the Senate or any Committee thereof, and which, and the effects of which, had been undone long before the arrest.'...
...The judgment of the Court of Appeals should be reversed; and that of the Supreme Court of the District should be affirmed.
REVERSED.
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