alternative hippopotamus

progressive cyberdadaism from our nation’s capital

July 11, 2007

Food for Thought

by AltHippo @ 5:44 pm. Filed under Uncategorized

I assume you know all about Harriet Miers (the WH staffer that keeps on giving) refusal to visit us in our fair city tomorrow. This based on the Executive Branch’s analysis of its power to silence, well… anyone.

As we learn from Marty Lederman’s blog, there are remedies available within each branch for contempt. The most amusing one is the remedy available within the legislative branch:

How would such self-help work? Well, believe it or not, the Sergeant-at-Arms of the Senate or House would personally arrest the officials and detain them in the Capitol jail or guardhouse (assuming such a facility still exists). (One of my students last semester noticed this gem on the website of the current Senate Sergeant-at-Arms, Terrance Gainer: “The Sergeant at Arms is authorized to arrest and detain any person violating Senate rules, including the President of the United States.” We wondered in class: What could possibly have motivated Mr. Gainer or his staff to post that provocation?) The person would then be tried by the legislative house and, if found guilty (of civil contempt), could be detained until compliance with the subpoena or until the session of Congress ends, Anderson, 19 U.S. at 231, whichever comes first.

A quick Google search suggests that the “Capitol jail or guardhouse” may not exist. Perhaps we could erect a cage near the fountain at Dupont Circle? It would be lovely to do some shopping, relax at the Circle, and take in a felon Bushie or two.

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2 Responses to “Food for Thought”

  1. Thomas Nephew Says:
    July 12th, 2007 at 7:30 pm

    You know, I might pay good money for that. Or at least for family photos with, say, Miers or Gonzales sulking behind bars in the background.

    (”What did the bad man do, daddy?” “Well…”)

  2. AltHippo Says:
    July 13th, 2007 at 5:18 pm

    Ooh, I like the family photo idea.

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