16 May 2007 - 17:50Gonzales Ignored Senate Subpoena, Jail Likely?

Attorney General Gonzales was served a subpoena with a deadline of May 15th, 2PM, to appear before the Senate Judiciary Committee with documents required by the subpoena. Well, he didn’t show up, and no documents have been surrendered. Patrick Leahy and Arlen Specter, ranking Judiciary Committee members, responded with a letter stating an ultimatum of May 18th for the Attorney General to appear with the documents and a legal reason for missing the previous deadline.

Defying a Congressional Subpoena is called Contempt of Congress. It is a crime, punishable by up to a year in jail. If the Senate decides to pursue the charge of Contempt of Congress, they will ask the U.S. Attorney for the District of Columbia to bring Gonzales before a Grand Jury. Of course, the Bush Administration has made it quite clear that they believe they can obstruct ongoing investigations by absolute control over the Justice Department. So what happens if the Attorney General orders the U.S. Attorney not to bring him before the Grand Jury?

Legal precedent is definitely in favor of Congress. During the Harding Administration, Congress investigated the failure of the A.G. to investigate the Teapot Dome Scandal. Several cases went to the Supreme Court, and in McGrain v. Daugherty the Court granted broad powers to Congress, ruling that they had the power to broadly compel testimony.

Congress can also hold individuals for “inherent contempt.” In this case, the Sergeant-at-arms would actually go out and arrest Gonzales, bringing him to the committee chamber. The committee then has the power to compel testimony and imprison him for an indefinite period in the capitol jail. Of course, Congress hasn’t used this power in over 70 years, instead electing to use the Statutory process described above. But, they do in fact have the power to arrest an individual for Contempt and hold them.

Here is a hypothetical scenario discussed shortly after the 2006 Elections regarding the possibility of a investigative showdown. Seems like it is coming true, so far. The Bush Administrations defiance for Congressional Authority is a serious issue, undermining the very fabric of our Government.

Update: Looks like the hypothetical scenario linked above requires subscription unless you are coming from Google. Try this Google Search and look for “Will Nancy Pelosi put Alberto Gonzales behind bars?”