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Wednesday, November 17, 2021

Select Committee "In Training"

 

11/17/21, 12:06 PM Tip Line | Select Committee to Investigate the January 6th Attack on the United States Capitol

TIP LINE

Chairman Thompson is interested in any information regarding the January 6th Attack on the United States Capitol. We respect your need to remain confidential and will use your contact information only to follow up with you regarding your submission.

First Name: Stugots
Last Name: Scoregge nella mia testa
Email: TrainTheTrainer@USA.com
Phone Number 202-456-1111

Details:

Dear BENNIE G. THOMPSON, ZOE LOFGREN, ELAINE LURIA, ADAM SCHIFF, PETE AGUILAR, STEPHANIE MURPHY, JAMIE RASKIN, LIZ CHENEY, ADAM KINZINGER. As honorable members “In Training” for the Select Committee Investigating the January 6th Attack on the United States Capitol, please find below the syllabus for this week’s “Contempt of Congress 101” study guide. “We the People” feel that once this membership successfully completes this training course, and not until then, as then and only then will this committee have the necessary background to make a worthwhile investigation. Please study this “syllabus” and render an “opine” with details on how it could be used in your upcoming investigation, wherein subpoenas may be required but those served ignore such valid motions. Please deliver your answer by December 1st, this year. It is hoped that the membership completes and passes the “bar” provided through this critical training, that which is required for this investigation so that come the New Year an investigation can commence in earnest without opposing stonewalling, wherein we hope the guesswork in the need of subpoenas ignored has been so learned. Any questions, contact your mentor.

McGRAIN, Deputy Sergent at Arms of the United States Senate,
v.
DAUGHERTY.

No. 28.

Argued Dec. 5, 1924.

Decided Jan. 17, 1927.

Mr. Justice VAN DEVANTER delivered the opinion of the Court.

1

This is an appeal from the final order in a proceeding in habeas corpus discharging a recusant witness held in custody under process of attachment issued from the United States Senate in the course of an investigation which it was making of the administration of the Department of Justice. A full statement of the case is necessary.

6

In the course of the investigation the committee issued and caused to be duly served on Mally S. Daugherty-who was a brother of Harry M. Daugherty and president of the Midland National Bank of Washington Court House, Ohio-a subpoena commanding him to appear before the committee for the purpose of giving testimony bearing on the subject under investigation, and to bring with him the 'deposit ledgers of the Midland National Bank since November 1, 1920; also note files and transcript of owners of every safety vault; also records of income drafts; also records of any individual account or accounts showing withdrawals of amounts of $25,000 or over during above period.' The witness failed to appear.

9

'Whereas, the appearance and testimony of the said M. S. Daugherty is material and necessary in order that the committee may properly execute the functions imposed upon it and may obtain information necessary as a basis for such legislative and other action as the Senate may deem necessary and proper: Therefore be it

10

'Resolved, that the president of the Senate pro tempore issue his warrant commanding the sergeant at arms or his deputy to take into custody the body of the said M. S. Daugherty wherever found, and to bring the said M. S. Daugherty before the bar of the Senate, then and there to answer such questions pertinent to the matter under inquiry as the Senate may order the President of the Senate pro tempore to propound, and to keep the said M. S. Daugherty in custody to await the further order of the Senate.'

11

It will be observed from the terms of the resolution that the warrant was to be issued in furtherance of the effort be obtain the personal testimony of the witness, and, like the second subpoena, was not intended to exact from him the production of the various records, books, and papers named in the first subpoena.

12

The warrant was issued agreeably to the resolution and was addressed simply to the sergeant at arms. That officer, on receiving the warrant, indorsed thereon a direction that it be executed by John J. McGrain, already his deputy, and delivered it to him for execution.

13

The deputy, proceeding under the warrant, took the witness into custody at Cincinnati, Ohio, with the purpose of bringing him before the bar of the Senate as commanded, whereupon the witness petitioned the federal District Court in Cincinnati for a writ of habeas corpus. The writ was granted and the deputy made due return, setting forth the warrant and the cause of the detention. After a hearing the court held the attachment and detention unlawful and discharged the witness, the decision being put on the ground that the Senate, in directing the investigation and in ordering the attachment, exceeded its powers under the Constitution. 299 F. 620. The deputy prayed and was allowed a direct appeal to this court under section 238 of the Judicial Code (Comp. St. § 1215) as then existing.

75

We conclude that the investigation was ordered for a legitimate object; that the witness wrongfully refused to appear and testify before the committee and was lawfully attached; that the Senate is entitled to have him give testimony pertinent to the inquiry, either at its bar or before the committee; and that the district court erred in discharging him from custody under the attachment.

84

What has been said requires that the final order in the district court discharging the witness from custody be reversed.

85

Final order reversed.

~ END of Training Syllabus ~

 

11/17/21, 12:08 PM Tip Line - Thank You | Select Committee to Investigate the January 6th Attack on the United States Capitol

TIP LINE - THANK YOU

Dear Constituent,

Thank you for contacting the Select Committee and sharing information regarding the January 6th attack on the United State’s Capitol.

The Select Committee has received your submission and is prepared to follow up on the information you provided as appropriate. We respect your need to remain confidential and will use your contact information only to follow up with you regarding your submission, unless we determine disclosure is required.

Sincerely, Bennie G. Thompson Chairman

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