1889

It doesn’t really matter what issues he has.

It’s not up to him. There is no requirement defining what constitutes a “legitimate” request from Congress for this information. The law simply says that the Treasury SHALL provide that data, upon request by Congress.

Any request. There are no limitations on Congress’ ability to make that request. There is no threshold they must meet to make a request.

The law says that if Congress makes a request, the Treasury shall comply. The end.

The law isn’t complex. The wording is not vague, or open to interpretation.

1890

And what recourse does Congress have?

1891

They can arrest him.

1892

Just the courts. Expect this to hit the Supreme Court in about 5 years.

1893

That seems quite far-fetched, as it should. I think Congress arresting a member of the Executive branch would be a pretty serious step, not worthy of this case, IMO.

1894

I mean, at the end of the day, people follow the law without being strongarmed into it, or you don’t have a republic anymore.

Not that this hasn’t come up before. Jackson famously ignored the Supreme Court’s interdiction on Cherokee relocation.

1895

They can hold him in contempt and have him arrested.

And “not worthy of this case”? He’s literally breaking the law. If this isn’t a case for it, no case exists.
Letting him get away with is says that Congress has no power and the Executive has it all. Trump can do anything and just order his people to not respond to whatever Congress does.

1896

Ya, at some point, if you don’t enforce laws, then the laws don’t mean anything.

It’ll get worse.

1897

OK, so who do you think prevails in a trial of Mnuchin in the Senate? Do you think they should bother?

1898

Congress prevails because the law is one of the simplest ever written.

And yes they should bother, or else we might as well start a new revolution because we have a dictatorship if they’re immune to laws.

1899

You are aware of who controls the Senate, right? You think they are going to vote against Mnuchin? Seriously?

1900

It’s decided by the chamber. So it would be tried in the House since they are the concerned chamber.

Edit: In Jurney v MacCracken for example was done in the Senate, because that was the chamber concerned in that case.

1901

Contempt of Congress is not like impeaching the President. It does not go to a trial in the Senate like that, I do not believe.

The House would vote on it, and then it would be handed over to the DOJ for prosecution.

But then you’ll run into another problem, where the DOJ can choose to not prosecute it. This happened with Gorsuch’s mom, interestingly enough. It was never fully resolved, as eventually Reagan’s administration just ended up turning over the documents.

1902

OK, so the order then goes like this, right?

  1. House votes to hold Mnuchin in contempt
  2. Mnuchin resists, case goes to the courts.

Does it go straight to the Supreme Court or first to a Federal court?

1903

No.

  1. House votes to hold Mnuchin in contempt.
  2. Mnuchin resists.
  3. Mnuchin is arrested by the Sergeant-at-Arms of the House.
1904

Is that this guy?

image
image.jpg1000×707 119 KB

1905

Where does he go then? Is there a fully-staffed prison in the House?

1906

No it’s this dude:
image
But it’s more about the many armed men under him. He’s in charge of all security for the House.

1907

I imagine they use federal prisons being the federal government.

Where do they take you when if you walk into the House and start pissing on the floor or screaming obscenities at Representatives?
Probably that place.

1908

Can they dust these off?

image