INHERENT CONTEMPT

A House panel began clearing the way today for contempt proceedings against former White House counsel Harriet Miers after she obeyed President Bush and skipped a hearing on the firings of federal prosecutors. Miers not appearing could subject her to contempt proceedings, including but not limited to the seldom-used INHERENT CONTEMPT authority of the House of Representatives. This was last used against a postmaster general back in 1934.

WHAT IS INHERENT CONTEMPT?

Under the inherent contempt power, the individual is brought before the House or Senate by the Sergeant-at-Arms, tried at the bar of the body, and can be imprisoned. The purpose of the imprisonment or other sanction may be either punitive or coercive. Thus, the witness can be imprisoned for a specified period of time as punishment, or for an indefinite period (but not, at least in the case of the House, beyond the adjournment of a session of the Congress) until he agrees to comply. The inherent contempt power has been recognized by the Supreme Court as inextricably related to Congress’s constitutionally-based power to investigate.

If Congress doesn’t use Inherent Contempt and goes to the Justice Department for subpoena enforcement it would fall to the US Attorney, a BUSH APPOINTEE, who may have to recuse himself for conflict of interest (as we suspected yesterday.) THAT would lead to the appointment of a SPECIAL PROSECUTOR which might be the BEST thing.

This could turn into a rather entertaining showdown after all. . .