Congress’ contempt stunt against Attorney General Barr
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When Congress uses its contempt power, there are basically three avenues it can pursue for purposes of enforcement. In the case of the House Judiciary Committee’s party-line vote to hold Attorney General William Barr in contempt – for purportedly failing to produce a report he has actually produced – Democrats, who control the House, will use the route that is most political and, thus, least credible: the unilateral congressional procedure.
The committee will refer its finding for a vote by the full chamber. The stunt here is so nakedly partisan that the House won’t even try to get support from the Senate. In theory, the House could try to take enforcement action on contempt. Congress even has a jail cell in the bowels of the Capitol…
On the other extreme, the House could theoretically avail itself of the second avenue: It could seek the help of the executive branch – specifically, the Justice Department – to pursue criminal contempt charges against the attorney general (i.e., it could ask the attorney general to prosecute the attorney general).
Stop snickering … I did say “theoretically!”
The third avenue would be to turn to the judiciary for a court citation of contempt. Democrats will not try this because it would be humiliating.
Of course, the answer is no. That is because Nadler & Co. do not really want the grand jury material. They want to try to make Barr’s refusal to disclose it look like Watergate.
Congress is not going to court. And it is not going to seek help from the executive branch. It will keep the contempt gambit in its own playpen and hope people won’t notice that it’s a cynical game.
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