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Dead Constitution
See other Dead Constitution Articles

Title: BREAKING: regarding the sergeant-at-arms method.
Source: Daily Kos
URL Source: http://www.dailykos.com/story/2007/3/21/161427/572
Published: Mar 21, 2007
Author: "daeros"
Post Date: 2007-03-21 17:18:08 by aristeides
Keywords: None
Views: 191
Comments: 13

BREAKING: regarding the sergeant-at-arms method.

by daeros [Subscribe]
Wed Mar 21, 2007 at 01:17:49 PM PDT

regarding using the house sergeant-at-arms

I just got off the phone with a staffer of the house judiciary where I was calling about using the sergeant-at-arms if the DOJ refuses to enforce the subpeona's against karl rove and hariet miers. A staffer there informed me that they are looking into using this to enforce it. So it looks like even if they try to deflect this to the courts, they're screwed. Woohoo!

Small update: I'm a tad skeptical too as noted in the comments thread. But the beautiful part about it is that if we do this it leaves the courts unable to do much but sit there and cry. It's the house using it's own court empowerments to enforce it's own directive. This would mean that the WHITE house would have to be the one to file to the SCOTUS instead of us filing to them against the DOJ for contempt, they'd be filing against us. By then it's too late, just like they tried to do to us.

As to the question of if the sergeant at arms could break through white house security, He wouldn't come alone, there would be a truckload of capital police.

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Begin Trace Mode for Comment # 13.

#8. To: aristeides (#0)

There is zero chance of this happening. This whole attorney issue is what Burkeman1 would call kabuki theatre for the rubes, in the same why as the Klintoon impeachment was.

The Democrats are not going to send the sergeant-at-arms to the White House because the "decider" would tell them to get bent. Now I'm no lawyer, didn't play one on TV, nor did I sat at a Holiday Inn Express last night, but it seems to me that if Bush did not recognize the authority of the sergeant-at arms it would set up a constitutional crises of a magnitude never seen in our lifetime, if ever. This would force the Democratic Party to actually do something, a situation which I do not believe they are interested in being in. That something would include, at the very least, taking the issue to the Supreme Court. With the new Bush appointees, there is no guarantee of the outcome, and if the SC ruled against the Congress, it could forever dimish their power. The Congress would rather eat their young than lose power, so I don't think they would want to put themselves in the situation.

They may also decide to try to impeach Bush, but I don't think there will be enough votes for that, and if there is, I suspect it would end up just like the farce that was the Klintoon impeachment.

But you're the lawyer ari. What are the legal ramifications of executive branch blowing off the sergeant-of-arms?

F.A. Hayek Fan  posted on  2007-03-21   19:15:48 ET  Reply   Untrace   Trace   Private Reply  


#10. To: Hayek Fan (#8)

Why don't you take a look at the history of what happened in England in 1642-3?

aristeides  posted on  2007-03-21   19:26:38 ET  Reply   Untrace   Trace   Private Reply  


#11. To: aristeides (#10) (Edited)

Why don't you take a look at the history of what happened in England in 1642-3?

You really believe it would be serious enough to cause a civil war? If so, then that's just one more reason why the Democrats won't do it.

You're welcome to your opinion of course, but I don't see it happening. You have more faith in the American people than I do. I don't think the American people have it in them to rise up against the government, regardless of the tyrannical notions of King George.

Bush has complete control of the military. The Congressional Republicans are so partisan that they would back Bush if he came out of the WH sporting horns and a red tail, so they have no help there. If the Democrats attempted to raise an Army, Bush would have them arrested and tried in a kangaroo court and that would be the end of it. Of course the U.S. could become a republic in name only, much like England was during the rule of Cromwell.

Then again, some would say we already are a republic in name only.

F.A. Hayek Fan  posted on  2007-03-21   19:51:36 ET  Reply   Untrace   Trace   Private Reply  


#13. To: Hayek Fan (#11)

Bush has complete control of the military.

Have you been reading the news about Walter Reed?

Have you been reading the news about Iraq?

aristeides  posted on  2007-03-21   23:44:46 ET  Reply   Untrace   Trace   Private Reply  


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