LogFAQs > #928516074

HeroDelTiempo17 posted...

Corrik7 posted...

I believe that stating you are waiting for a ruling is a defensible position and wouldn't fall under obstruction. I know their strategy is to not submit to any subpoena's until an actual vote is held, whether or not that is legal or not I suppose would fall to the judicial branch.

Technically it's legal, but is easily enough for Congress to rule they are in contempt. At which point it becomes illegal and Congress is allowed to jail people for obstructing Congress. So it is effectively illegal, though Congress so far has chosen to not make arrests and instead just compile it as evidence of obstruction.

And how is Congress going to arrest people? Congress doesn't have a big police force, and the law enforcement agencies controlled by the executive report to the President. Unless people walk into the Capitol building, or Congress can convince a court to take their side, Congress isn't going to be able to arrest them. And even if a court issues arrest warrants, if the President instructs his DOJ to place those warrants on lowest enforcement priority - like Obama did for the DACA people - it seems doubtful any arrests will happen.

The truth is the Constitution only really gives Congress one remedy to deal with a President who it alleges is acting like a King - impeachment. Well, actually, 3. Congress can also pass a law (say, creating a congressional police agency, although it would be questionable constitutionally and might get struck down the courts) over the president's veto or propose a constitutional amendment. But all 3 of the methods require a 2/3 vote in the Senate.
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