"We began to see yesterday, in the face of the possibility of either a criminal contempt citation, or proceeding with inherent contempt
, that they began to see things differently all of a sudden," Jeffries noted.
We may follow with inherent contempt
, and we may have to follow with impeachment."
(280) The Supreme Court has recognized and reinforced Congress' inherent contempt
power throughout history.
Therefore, Rule 77 must be read in that context and therefore I am of the opinion that Rule 77 does not, and was not intended to, limit the Special Court's inherent contempt
of court powers.
If judges cannot or will not enforce discipline in their courts using the Rules of Court and their inherent contempt
power, and if the Bar will not punish attorneys for putting on false evidence, then adding another layer of legislation on top of this steaming pile will do nothing.
Notwithstanding the statute, "the courts' inherent contempt
powers to find violators of its orders in civil contempt were not and cannot be abrogated or unduly restricted." LeMay, 994 P.2d at 555.
In a recent Congressional Research Service report, the inherent contempt
powers of the United States Congress were characterized as "unseemly, cumbersome, time-consuming and relatively ineffective".
Contents Congress's Power to Investigate Early History of Congressional Contempt Inherent Contempt
Statutory Criminal Contempt The Position of the Department of Justice on the Use of Inherent and/ Criminal Contempt of Congress Against the Executive Branch Civil Contempt Civil Contempt in the Senate Civil Contempt in the House of Representatives Congress's Power to Investigate
If Congress uses its inherent contempt
powers, it could detain or fine administration officials who don't comply with their subpoenas.
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory, common law, and constitutional limitations on the contempt power, and analyzes the procedures associated with each of the three different types of contempt proceedings (inherent contempt
, statutory criminal contempt, and statutory civil contempt).
Invoking a little-used process known as inherent contempt
, Cummings stated, is one of those options.
Daugherty, (7) which arose out of the exercise of the Senate's inherent contempt
power, the Supreme Court described the power of inquiry, with the accompanying process to enforce it, as "an essential and appropriate auxiliary to the legislative function." The Court explained: