Voters must dive into murky legal waters around 'contempt of Congress' fracas

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It is hard to escape the impression that the more Congress holds people in contempt, the more people have contempt for Congress.

U.S. Attorney General Merrick Garland testifies before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on June 4, 2024 in Washington, D.C. Facing a contempt vote in the House, Garland pushed back against false accusation that the Justice Department is behind the prosecution and subsequent conviction of former U.S. President Donald Trump in New York, and that falsehoods and"conspiracy theories" are harming the rule of law.

So at first blush, average citizens might well be confused. Or they might well be susceptible to claims that the former president and all his minions are somehow victims of unprecedented political persecution. Those claims often originate with Trump himself, who sees it all as the “weaponizing” of the government and the law against him.

Usually, negotiations resolve these questions. But difficulties may arise when the target of a subpoena defies not only the subpoena but the legitimacy of the authority issuing that subpoena. This only gets worse when the target of the subpoena refuses to negotiate or seek any accommodation. President Donald Trump makes a statement on the census with Secretary of Commerce Wilbur Ross and Attorney General William Barr in the Rose Garden of the White House on July 11, 2019 in Washington, D.C.That precedent was reinforced when Trump’s Attorney General William Barr was held in contempt by Congress in 2020.

Barr had been the second attorney general cited for contempt. The first was Eric Holder, who was appointed by President Obama and headed the Justice Department from 2009 and headed Justice for six years. Like Barr and Garland, Holder clashed with leaders of the opposition party when that party was newly in control of the House and eager to take on the president.

 

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