Inherent contempt:
The third type of contempt power—Congress’s dormant inherent contempt power—is rarely used in modern times. Inherent contempt was the mode employed by Congress to directly enforce contempt rulings under its own constitutional authority until criminal and civil contempt statutes were passed, and it remained in use into the twentieth century. Under inherent contempt proceedings, the House or Senate has its Sergeant-At-Arms, or deputy, take a person into custody for proceedings to be held in Congress. [National Constitution Center]
In other words, Congress using their own martial powers to enforce their duly-determined laws. Noted in “Members eye ‘inherent contempt’ against Bondi after incomplete Epstein disclosures,” Steve Benen, MS NOW:
In theory, Khanna and Massie could try pushing a resolution to hold the attorney general in contempt of Congress, but in practice, such an effort would almost certainly end in failure: Not only would the measure need approval from the Senate, but it would also go to the Justice Department for possible prosecution. The idea that Bondi would allow her own team to prosecute her is unrealistic.
Inherent contempt proceedings in the House, however, can be approved by majority rule in the chamber; they would not need the Senate’s or the president’s approval; and, perhaps most importantly, they wouldn’t require the administration for enforcement.
We may be seeing this term of art thrown around often in the near future. I wonder if AG Bondi even knew it existed. I know I didn’t.
