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In reply to the discussion: Will the four subpoenaed witnesses "take the 5th"? [View all]StarfishSaver
(18,486 posts)20. If they defy the subpoena and don't have valid grounds (executive privilege or 5th Amendment)
Congress can cite them for contempt and then refer it to the U.S. attorney (who, of course reports to Garland) for prosecution for Contempt of Congress.
The U.S. attorney would charge them with contempt and obtain a court order for them to appear. If they still refuse to appear, they are no longer simply in contempt of Congress but are then in contempt of court and the court can either fine them or order the U.S. Marshals to take them into custody until they agree to appear.
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That would be interesting since he has the strongest claim of the four for executive privilege
StarfishSaver
Sep 2021
#60
Democrats are like the Colonial soldiers against the Americans in the Revolutionary war.
johnthewoodworker
Sep 2021
#11
Exactly which "antiquated laws" are Dems fighting with, which ones do you think should they ignore
StarfishSaver
Sep 2021
#27
If they don't show up, there's no need for the Sergeant-at-Arms to get involved
StarfishSaver
Sep 2021
#19
Thanks. Though rarely done I thought the Sergeant At Arms could arrest and detain people who
Tadpole Raisin
Sep 2021
#29
Trying to use the Sergeant-at-Arms to arrest people is very complicated and probably won't ever work
StarfishSaver
Sep 2021
#48
If they defy the subpoena and don't have valid grounds (executive privilege or 5th Amendment)
StarfishSaver
Sep 2021
#20
That's my fear; that this will end up in court and take a year or two to process.
Midnight Writer
Sep 2021
#32
I understand. But in reality, the courts have moved very quickly and fairly in most of these cases
StarfishSaver
Sep 2021
#39
This seems like it would be a very high profile and "politically prickly" case...?
kentuck
Sep 2021
#42
That's why I said that it's possible that the US attorney would seek Garland's approval
StarfishSaver
Sep 2021
#44
I don't see him ever getting publicly involved in a contempt of Congress prosecution
StarfishSaver
Sep 2021
#50
If he refused without exerting a privilege, yes, that would be a big deal
StarfishSaver
Sep 2021
#59
I say a little rendition trip to a black site in the mideast and a little waterboarding
Hotler
Sep 2021
#46
Is the committee issues a contempt of Congress citation, the U.S. Attorney will no doubt enforce
StarfishSaver
Sep 2021
#53