U.S. Justice Department forming unit to counter domestic terrorism

Re:U.S. Justice Department forming unit to counter domestic ... by notch656a on Tuesday January 11, 2022 @04:40PM (#29898396)

The legislative branch (congress) isn't supposed to be law enforcement. Law enforcement is squarely executive, as is presidency.

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Re:U.S. Justice Department forming unit to counter domestic ... by cronix on Tuesday January 11, 2022 @04:58PM (#29898670)

Right, but the presidential branch doesn't do investigations, or congressional hearings, or have the subpoena power that the congressional branch does (like we're seeing in the Jan 6th committee). They have a lot of investigatory power. They can release documents and emails. They can swear in testimony. They can hold you in contempt.

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Re:U.S. Justice Department forming unit to counter domestic ... by tssva on Tuesday January 11, 2022 @05:15PM (#29898917)

So there is no presidential branch. There is an executive branch. There also isn't a congressional branch. There is a legislative branch.

The executive branch conducts investigations, issues subpoenas and certain agencies can directly hold you in contempt if you don't respond to a subpoena others can ask a court to find you in contempt of court. After all the FBI, DEA, ATF, CBP among many more law enforcement agencies are part of the executive branch.

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Re:U.S. Justice Department forming unit to counter domestic ... by cronix on Tuesday January 11, 2022 @05:36PM (#29899272)

Pedantic arguments aside, congress does all of that too.

> The executive branch conducts investigations,

>> Essentially, the Court held that the Constitution's text implies a power to investigate given its power to legislate.

> issues subpoenas

>> the U.S. Supreme Court clarified Congress's power to issue subpoenas in a 1917 case (Marshall v. Gordon), stating that "in virtue of the grant of legislative authority there [was] a power implied to deal with contempt."

> certain agencies can directly hold you in contempt

>> The authority of Congress to cite an individual with criminal contempt is found in Title 2, Section 192 of the U.S. Code.

> others can ask a court to find you in contempt of court

>> Either chamber of Congress may start the process in a committee (such as the House Judiciary Committee) and may rely on the legislative counsel's office like the Office of Senate Legal Counsel for help drafting a contempt resolution. Once the resolution is drafted and voted out of committee, it then goes to the full House or Senate (depending on where it originates) for a simple majority vote.

https://www.findlaw.com/litigation/legal-system/contempt-of-...

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Re:U.S. Justice Department forming unit to counter domestic ... by tssva on Tuesday January 11, 2022 @06:20PM (#29899883)

Yes, Congress does issue subpoenas and conduct investigations as stated in your original post and I didn't disagree with you on this point, but you also claimed that the "presidential branch" doesn't do these things. The main point of my reply is that the executive branch does do those things also.

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