Verdict: Frog-Marching Rove.

Crooks and Liars:



Bill W. already posted about Conyers’ statement that he is committed to getting Rove to testify in the Don Siegelman case, even if it means having him arrested. However, this segment from MSNBC’s Verdict, where Catherine Crier explains to host Dan Abrams the process and the seriousness of an Inherent Contempt of Congress charge is was too good not to use, so I asked Heather to make the video for me. Besides, it’s small and petty of me, but I don’t think you can hear “haul Karl Rove to jail” too many times.

Crier: Well here’s the way this plays out. If the full House issues the contempt citation then it’s supposed to go to the Department of Justice and they’re supposed to take it to a Grand Jury. They’re supposed to enforce it. Well they’ve already, the Bush administration says no, uh, there’s Executive authority, we’re saying privilege. They’re not going to enforce it. You might then try the Federal courts. The Federal courts are liable to say it’s a political question. But the Constitution gives the Congress the inherent power to issue contempt and then to prosecute on this.

Abrams: On their own.

Crier: They can send the Sergeant at Arms out into the countryside, arrest, haul somebody in
and in days gone by used to literally hold them in the basement of Congress in an impromptu jail and then they could have a trial. That is still their power today.
Full transcript (courtesy of Heather) below the fold.
(Read the rest of this story…)

I found this part interesting from the interview:

Abrams: Unlikely to happen here but it does sound like they’re getting ready to move forward with something here.

Crier: Well unlikely to happen in the sense that they might not jail them in the basement any longer, but at this point and time if you look at, if the DOJ has already basically said we’re not going to do what we’re supposed to do, they must take it to a Grand Jury. Says no, Executive privilege, we’re not going to act. The courts probably won’t and it will be, if they, if the full Congress asserts, if the full House votes, then they will have to try this case themselves, which means issue the arrest warrant and try this.


I suspect the HJC is trying to have Rove tried by Congress for criminal offense. Here are the contempt of Congress rules:



Inherent contempt

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation.)

Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia; according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action.

The criminal offense of "contempt of Congress" sets the penalty at not less than one month nor more than twelve months in jail and a fine of not less than $100 nor more than $1,000.

Senate Rules authorize the Senate to direct the Senate Legal Counsel to file a civil action against any private individual found in contempt.