Could someone please list the reasons the House January 6th Committee should not use

[Atticus]

their inherent contempt power, rent a cell (or clean out a basement broom closet), arrest Bannon and detain him until he complies with the subpoena he just ignored?

Please don't respond with "It hasn't been done recently" or "It might piss off Trump's army".

[AZSkiffyGeek]

1. Can you explain why they shouldn't use the DoJ?

[tableturner]

2. Will take a lot more time to use DOJ w/endless appeals, inherent contempt much quicker.

[Ptah]

4. They should use both DOJ and their inherent power.

[Grasswire2]

3. okay, here's what I've been told, from Daniel Goldman.

Daniel Goldman
@danielsgoldman
·
2h
Inherent contempt is not currently an option for congressional subpoena enforcement because there is no existing process that would meet constitutional due process standards. Both houses should create task forces to examine the issue and propose a constitutional process for it.
................

ALAS

[triron]

6. Then how was it used about 90 years ago. What's different?

[Atticus]

9. The US Supreme Court held in their 1927 McGrain v. Daugherty decision:

"Each house of Congress has power, through its own process, to compel a private individual to appear before it or one of its committees and give testimony needed to enable it efficiently to exercise a legislative function belonging to it under the Constitution,” Van Devanter said. “This has support in long practice of the houses separately, and in repeated Acts of Congress, all amounting to a practical construction of the Constitution.”

I am not aware that has been overruled, though I will agree that, given this Trump court's disrespect of precedents, it may not long be the law.

[triron]

7. So what? Bannon would still be in jail until the USSC made a decision.

By that time charges could have been brought by DOJ.

[Grasswire2]

12. I believe that Bannon would LIKE to be jailed.

The spectacle would enhance his specific reputation.

He's like Stone in that regard.

[rickyhall]

10. Broom closet sound good and a bucket.

[Grasswire2]

11. Here are the creds for Daniel Goldman

I shared his opinion on the subject above, that it cannot be used in this moment.

Former: Lead Counsel, House Impeachment Inquiry; Sr Advisor and Dir of Investigations, HPSCI; AUSA, SDNY (2007-2017).

[Atticus]

14. I know who he is and respect his work, but without some explanation for his

disregard for McGrain v. Daugherty, I still have no real answer go the question posed in my OP.

[Grasswire2]

19. I'll ask him directly on twitter.

This is what he wrote in his tweet on the matter, earlier:

Inherent contempt is not currently an option for congressional subpoena enforcement because there is no existing process that would meet constitutional due process standards. Both houses should create task forces to examine the issue and propose a constitutional process for it.

[stillcool]

17. I thought this made sense...maybe not?

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=15950438

[Grasswire2]

20. in other words..........follow the Boy Scout Law.

BE PREPARED.

Time is precious. And DETERRENCE depends on speedy application of justice.

[SoCalDavidS]

21. I Don't Believe Any Consequences Will Be Suffered By Those Refusing To Appear

Referral to DOJ or not, I still see nothing coming of it. There will be lots of excitement and people on DU will get all excited, but when the smoke clears, guys like Bannon, Meadows, Patel, etc, will all be out living their lives as if they haven't a care in the world.

[Kingofalldems]

24. I back the Democrats here.

[Tomconroy]

22. I'm no expert, but I don't see why Congress can't vote to

Lock him up. I'm sure the Capitol has some sort of holding facility for people who get arrested by Capitol police. People get held in contempt all the time by judges for conduct that happens in court (Try calling a judge a name and see what happens). Bannon doesn't like it, he can file a habeas petition.