Contempt of Congress: Statute of Limitations and Refusal of Present Administration to Bring Charges

[Scarberry, Mark]

The Washington Post reports that the Justice Department will not prosecute any referral for contempt made by Congress with respect to refusals to testify or provide documents on executive privilege grounds. Suppose a Democrat wins the Presidency in the next election. Does anyone know whether the Justice Department then could pursue criminal contempt sanctions, or would the statute of limitations have run?
 
Mark Scarberry
Pepperdine

________________________________

From: conlawprof-bounces at lists.ucla.edu on behalf of Marty Lederman
Sent: Thu 7/12/2007 3:27 PM
To: lfisher at loc.gov; MatthewHPolSci at aol.com; gsilver at berkeley.edu; conlawprof at lists.ucla.edu; lawcourts-l at usc.edu
Subject: Re: Constitutional Perfect Storm (almost)


This one -- http://www.talkingpointsmemo.com/docs/doj-exec-priv/?resultpage=1 <http://www.talkingpointsmemo.com/docs/doj-exec-priv/?resultpage=1> &
 
The one thing in this opinion that is correct is that the immunity position it expresses has been embraced by Administrations of both parties for many years.  The Reno Opinion to which it prominently refers, for instance, is here:
 
http://www.usdoj.gov/olc/falnpotus.htm <http://www.usdoj.gov/olc/falnpotus.htm>  (se Part II)
 
I'd be curious -- Does anyone think the reasoning or authority of these opinions is compelling, especially in light of such a long history of Presidents and their close advisors appearing before Congress?  Isn't it extremely telling that the opinions cite no authorities other than other OLC opinions? 
 
 
----- Original Message ----- 
From: "Lou Fisher" <lfisher at loc.gov <mailto:lfisher at loc.gov> >
To: <MatthewHPolSci at aol.com <mailto:MatthewHPolSci at aol.com> >; <gsilver at berkeley.edu <mailto:gsilver at berkeley.edu> >; <conlawprof at lists.ucla.edu <mailto:conlawprof at lists.ucla.edu> >; <lawcourts-l at usc.edu <mailto:lawcourts-l at usc.edu> >
Sent: Thursday, July 12, 2007 4:08 PM
Subject: Re: Constitutional Perfect Storm (almost)


> Oops!  Which opinion did I refer to?
> 
> Lou
> 
>>>> <MatthewHPolSci at aol.com <mailto:MatthewHPolSci at aol.com> > 07/12/07 4:19 PM >>>
> Is this opinion to which Lou Fisher refers in the public domain where one  
> can find it?  Is it from OLC?
> 
> Matthew Holden, Jr. 
> 
> 
> 
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