Big words are flying like "contempt" and "jail" and Rove may not be able to think his way out this time.
(SALEM, Ore.) - "Rove has a week to appear before this committee. If he doesn’t we’ll do what any self-respecting committee would do. We’d hold him in contempt or go and have him arrested." Strong words from House Judiciary Committee Chairman John Conyers Jr., who's gunning for the big game; Karl Rove.
Conyers, a Democrat from Michigan, issued a subpoena to former White House Deputy Chief of Staff Karl Rove for testimony about the politicization of the Department of Justice (DOJ), including former Alabama Governor Don Siegelman's case.
Wednesday, Rove attorney Robert Luskin sent a letter to the committee saying Rove won't agree to testify voluntarily.
"It is unfortunate that Mr. Rove has failed to cooperate with our requests," Conyers said.
"Although he does not seem the least bit hesitant to discuss these very issues weekly on cable television and in the print news media, Mr. Rove and his attorney have apparently concluded that a public hearing room would not be appropriate. Unfortunately, I have no choice today but to compel his testimony on these very important matters."
In another development, Chairman Conyers was notified by the DOJ's Office of Professional Responsibility, that they have opened an investigation into allegations of selective prosecution of Alabama Governor Don Siegelman, a Democrat, and others.
Appearing on MSNBC with Dan Abrams, investigative Correspondent with Newsweek Magazine, Mike Isikoff, says Rove may indeed be involved in a process that could bring him down. Congress has power under what is known as Inherent Contempt.
The Congressional Oversight Manual states, "Under the Inherent Contempt power, the individual is brought before the house or Senate by the Sergeant-at-Arms, tried at the bar of the body, and can be imprisoned in the capitol jail."
John Conyers threat to have Rove arrested goes beyond the Department of Justice, Isikoff said. Three quarters of a century have passed since this process was used in the nation's capitol.
Law Professor Stan Goldman from Loyola Law School said, "They haven't done it since around 1935 or so, they decided they didn't need it anymore because they have subpoena power that could be enforced by way of criminal or civil contempt in the courts."
But an Executive Branch that does not comply with the wishes of Congress may leave the elected body little choice.
"Now if the administration is telling the Congress 'you no longer have this power when it comes to anybody who worked for the Executive Branch,' then it may very well be that Congress will at least think about the idea of exercising its inherent contempt powers which means it literally sends the Sergeant-at-Arms out to find Karl Rove, arrest him and bring him in to be tried," Goldman added.
Inherent Contempt power has been used 85 times in U.S. history, allowing Congress the ability to legally arrest and hold a person in the Capitol jail below Congress.
After the mid 30's this idea faded because Congress will typically try these cases in front of the full House, which means they have to shut down all other business for the extent of the trial. Goldman says that he reviewed this policy and has determined that this case could be tried in front of a committee versus the full House, making the process much simpler.
Karl Rove Could Land in the Slammer if he Doesn't Appear Before CongressSalem-News.com