What a difference a legitimate Attorney General makes. The January 6th committee is going balls-to-the-wall with their subpoena issuance, and they’re also being very aggressive on the setting of compliance dates. All of which is good, since you want this wrapped up by no later than next September.
But with all of them being veterans of the greased-pig-tackling contest of getting compliance from Trombies, and with His Lowness already licking his nuts over delay litigation, the committee is already making contingency plans. They have two basic options for non compliance, civil litigation and criminal referral.
Civil litigation sucks. Mainly because it goes through civil courts, and we all know that those are timed with a geological clock. Besides, they carry only fines, which can be appealed. Civil litigation would likely allow most of these creeps to dodge the bullet.
Criminal referral is much better. First, it tends to carry heavier fines. Second, it carries the risk of permanent criminal record. And third, unlike civil proceedings, every criminal defendant is constitutionally entitled to a fair and speedy trial. Which means that the train pulls out a whole lot quicker. But in reading a book last night, I was reminded that the committee actually has a much speedier secret weapon at its disposal under criminal referral.
That secret weapon is called criminal contempt of court, and here’s how it works. Let’s say that the committee subpoenas Steve Bannon to testify. Bannon blows the committee off. The DOJ goes into court, but instead of filing charges against Bannon, it asks the judge to order Bannon to comply with the subpoena. If he does so, he will set a compliance deadline. If Bannon blows off that deadline, the DOJ can return to court and request the judge to hold Bannon in criminal contempt of court. And if the judge agrees, he can immediately have Bannon taken into custody until such time as he complies with the order. Of course Bannon can request a hearing, which the judge will grant, but depending on the judge’s docket, that could take several weeks, while Bannon languishes in the hoosegow.
Here’s what reminded me of that. In the book I was reading, a whistleblower passed classified documents to a reporter, and the paper published them. The FBI demanded the name of the source from the reporter, who refused under First Amendment privileges. The DOJ went to court and asked a judge to order the reporter to turn over the name, which he did. Again the reporter refused, and was summarily taken into custody. The paper managed to get him out on appeal, but the reporter still spent over a month in the federal clink.
Chairman Bennie Thompson, as well as senior member Jamie Raskin have made it clear that they’re not fucking around here. There is every reason to believe that these witnesses will refuse to comply, trusting in the Cheeto Prophet, as well as past events. But there’s a new sheriff in town, and using criminal contempt on the first miscreant would be a good way to set the tone. Especially since federal judges are expressing dismay and disgust at the light treatment the January 6th rioters are receiving. Don’t touch that dial.
Follow me on Twitter at @RealMurfster35
The light treatment the insurrectionists are getting is only in the early, misdemeanor cases. As they get into the felonies, it’s going to disappear. (Also, the feds don’t give time off for good behavior. You only get a good deal if you cooperate and tell them everything you know and hand over the docs, pics, and videos.)
Geez, I wonder what the unruly brothers think when told they better report or else, especially that cock-of-the-walk Junior … who spends his time trying to emulate the cruel and sadistic papa, giving a slap down to Anna on the view, claiming her weight might be a problem with virus, when they got a false positive a few days ago, her response was epic and included something about the size of DJT’s hindquarters being the size of an apartment …
Don Junior seems to be on something that closes his eyes to red slots and tossed salad words, another step towards his clown father who gets a little frazzled and speaks words that have no connection to each other … and seems to be in some other universe, where he actually IS some kind of king Don …
Until the rich & powerful go to jail for contempt, perjury, etc., the law remains a tool for the rich to oppress 95% of us. Fact. All the excuses, soothsaying, & conjecture amounts to being an apologist for the ugly truth.
I recall the reporter going to jail, and that judge was not fucking around either! Lets hope it works like that this time. Even just jailing the first one would make a difference in trying to get the others to testify.
I am so cynical and disgusted by this time, that when I see a Bannon, a John Eastman, or an Ali Alexander, a Paul Gosar or a Lauren Boebbert in jail related to January 6, I will believe it. And only at that time.
I agree. The dems have done nothing other than f*ck around. I don’t see that changing any time soon.