House Majority Leader Steny Hoyer dismissed using a long-dormant congressional authority to arrest reluctant witnesses in their ongoing impeachment investigation of President Trump, even though he acknowledged “it sounds appealing.”
“We’ve made a judgment that we want the American people to understand that we are pursuing not arbitrary action, but considered and thoughtful action,” the Maryland Democrat told reporters Wednesday.
Congress has the authority to enforce subpoenas through the power of inherent contempt, which permits them “to detain and imprison a contemnor until the individual complies with congressional demands,” or until the end of the congressional session.
Inherent contempt has not been used in either the House or Senate since 1935.
Some Democrats, angry at Trump for blocking witness testimony and by the refusal of Trump’s personal lawyer, Rudy Giuliani, to comply with a subpoena, are increasingly eager for lawmakers to order the sergeant-at-arms to arrest the the no-shows.
Among those pushing for arrests is Rep. Rashida Tlaib of Michigan, who said Democrats are having “actual serious conversations” about jailing those who do not comply with the impeachment investigation.
Trump responded to Tlaib’s claim by calling the freshman liberal lawmaker “despicable.”
Democratic leaders have long downplayed employing their inherent contempt authority but the staunchest Trump foes in the progressive caucus have pushed the idea enough to make it somewhat of joke in Washington.
Attorney General William Barr approached Speaker Nancy Pelosi earlier this year at a law enforcement event at the Capitol and asked her, “Madam Speaker, Did you bring your handcuffs?”
Hoyer suggested to reporters Wednesday that Democrats are concerned arresting Trump impeachment witnesses would damage the way the public views the integrity of the investigation.
“I don’t mean to say that inherent contempt is by definition arbitrary,” Hoyer said. “It may be perceived as arbitrary.”
Hoyer said federal courts handling the fight between Congress and Trump over witnesses and documents would mete out punishment to those who refuse to comply and that would determine Giuliani’s fate.
“Let me tell you, Mr. Giuliani will be held accountable to the Congress, as we will hold every other individual,” Hoyer said.
