More On Congress's Inherent Contempt Power
By Pejman Yousefzadeh Posted in Law — Comments (2) / Email this page » / Leave a comment »
This is a comprehensive analysis and shows again that Congress does not need to depend on the Executive Branch to enforce contempt citations. If Congress would exercise its powers, we wouldn't have this controversy to occupy our time. Indeed, if Congress chose to exercise its inherent contempt powers, it would likely come quickly to some sort of agreement with the Bush Administration concerning the disputed testimony that gave rise to the contempt citations from the outset.
Of course, the longer Congress takes to exercise its own inherent contempt powers--while complaining about the Bush Administration's supposed dictatorial tendencies--the more it becomes clear that certain members of Congress care more about being able to use talking points against the Administration than they do about genuinely protecting Congressional powers and prerogatives.
Eugene Volokh has more on this issue.