Washington Times ^ | Friday June 13, 2012
Despite voting to hold Attorney General Eric H. Holder Jr. in contempt of Congress, there’s little House Republicans can do in the short term to compel him to turn over documents — unless it wanted to revisit a long-dormant power and arrest him.
The thought is shocking, and conjures up a Hollywood-ready standoff scene between House police and the FBI agents who protect the attorney general. It’s a dramatic and unlikely possibility not least because Congress doesn’t even have a jail any longer. But in theory it could happen.
Republicans say it’s not even under consideration, with House Speaker John A. Boehner’s spokesman flatly ruling it out.
But the process, known as inherent contempt, is well-established by precedent, has been confirmed by multiple Supreme Court rulings, and is available to any Congress willing to force such a confrontation.
“The House is scared to death to use the inherent contempt power,” said Mort Rosenberg, a fellow at the Constitution Project and author of “When Congress Comes Calling.” “They’re scared to death because the courts have said … the way the contempt power is used is unseemly. It’s not that it’s unconstitutional, because it’s been upheld by four Supreme Court decisions, but unseemly to have somebody go arrest the attorney general.”
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