Exploring the 'inherent contempt' option

This a story about a very bizarre legislative power. Its one that won't be used, but it has been used in the past.

But what I found interesting is the areas I've emphasized. Congress is not gonna get what it wants and, even if they did, bush has already burned the bridges Congress has to cross.

Congressional Democrats searching for legal ways to force President Bush’s senior advisers to testify before their committees have few good options and one really odd one.

“The sergeant at arms could stick [former White House counsel] Harriet Miers in the basement, lock her up and wait until she’s ready to talk," said University of Missouri—Columbia law professor Frank Bowman, describing the little-known legislative power called “inherent contempt.”

The scenario, while unlikely, is technically legal, according to law professors. Until about 70 years ago, imprisonment was one way Congress compelled testimony from a reticent witness. But don’t expect to see Miers, former political adviser Karl Rove or any other former Bush aides locked up in the Capitol jail anytime soon. The jail was razed in 1929, so they’d have to use a makeshift slammer. No one — not even the most vocal administration critic — is likely to volunteer an office for a prison.

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The Bush administration has instructed Justice Department attorneys to refuse to prosecute any congressional contempt charges.

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The Senate Judiciary Committee is threatening its own citation. “Time is up,” Judiciary Committee Chairman Patrick Leahy (D-Vt.) said at an August press conference. “Right now there’s no question they’re in contempt of a valid order of the Congress.”

Criminal contempt of Congress carries a punishment of up to one year in prison and $100,000 in fines.

Under federal law, once a contempt citation is passed by the House or Senate, it’s submitted to the District of Columbia U.S. attorney for prosecution before a grand jury.

That’s where it would likely end. In July, the White House barred D.C. U.S. Attorney Jeffrey Taylor from pursuing the case. As a presidential appointee, Taylor cannot undermine the White House’s assertion of executive privilege, administration lawyers argue.

Bush can't control Congress, but his people can sure find dirty little ways to thwart it.

Via Politico.