Contempt of Congress a new national pastime
More over, baseball. It seems contempt of Congress is becoming so commonplace that one must wonder, what is the penalty for contempt of Congress? If there is a penalty, why the lack of implementation?
This Republican-controlled Congress feels a lot like the Democrat-controlled Congress. There is a “nothingness” about this Congress, and the lack of backbone is stunning.
Despite the promises during the past election cycle to “correct” what Obama has done, we see nothing. But more material, more obvious, is the complete lack of respect for Congress. The SCOTUS legislates; the president strikes treaties but alters the name to prevent the necessary ratification by the Senate. The president hides behind a twisted interpretation of the Constitution to abuse the vague concept of “executive order.” The War Powers Act requires “consulting” Congress prior to any military action that does not involve direct defense of the nation. Instead, “notification” replaces “consultation.” Crickets.
Contempt of Congress does indeed hold a penalty.
2 U.S. Code § 192 - Refusal of witness to testify or produce papers
Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months.
Wednesday we got this:
House Republicans blasted Federal Reserve Chairwoman Janet Yellen on Wednesday, accusing the central bank of willfully ignoring a committee subpoena related to the disclosure of confidential information from a 2012 Fed policy meeting.”
“This is inexcusable and unsupported by legal precedent,” Chairman Jeb Hensarling (R., Texas) said. “It cannot be allowed to stand.”
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But stand it does, and stand it will, Jeb.
Yellen explained away the subpoena by saying the inspector general counseled her to withhold any information until other investigations are completed. This lame notion holds that the IG is more powerful than Congress. It also, with equal lameness, assumes that the other investigations will be thorough and conducted promptly.
Maybe if Jeb had read the aforementioned U.S. Code, the section that reads “and imprisonment in a common jail for not less than one month,” most certainly Jeb would have gotten the “how could he threaten her like that?” I ask, how can she ignore a congressional subpoena? Call me old-fashioned.
And of course there is Hillary Clinton, who apparently doesn’t open her hard copy mail but combs and erases her server e-mails. She declares she has not been subpoenaed.
Trey Gowdy, chairman of the House committee reviewing the September 11, 2012 assault on the U.S. consulate in Libya, yesterday released a copy of a subpoena, dated March 4 and addressed to Clinton, to back up his claim.
'The committee has issued several subpoenas, but I have not sought to make them public,' Gowdy said. 'I would not make this one public now, but after Secretary Clinton falsely claimed the committee did not subpoena her, I have no choice in order to correct the inaccuracy.'
Were the subpoenas not hand-delivered? What was the process if not to make uncontestable the serving of the subpoenas? How does she slip the noose?
And there is of course the perpetual contempt for Congress by former AG Eric Holder. And what of his penalty for noncompliance and nose-thumbing at Rep. Issa, et al.?
It seems Congress has lost not only its backbone, but its form and purpose. Its members fail in the promises of the campaign. It is run over roughshod by the Supreme Court. It is ignored by the attorney general and the secretary of state. Now the Federal Reserve plays the “you can’t touch me” game. The balances are gone among the branches. Perhaps Congress deserves the contempt that it draws. There is still time to “buck up,” but it is running out.
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