Ahead of Pending Contempt Vote, Peters Warns Colleagues Resolution Lacks Legal Basis and Would Weaken Congressio...
WASHINGTON, D.C. — In a Dear Colleague to Committee Members, U.S. Senator Gary Peters (D-MI), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, warned about the lack of legal basis for Chairman Rand Paul’s pending criminal contempt resolution and the threat it poses to congressional oversight and constitutional protections. In the letter, Peters raised concerns that Chairman Paul’s predetermined investigation of Dr. Anthony Fauci and rushed contempt resolution disregards Dr. Fauci’s constitutionally protected rights under the Fifth Amendment and will weaken Congress’s ability to compel witnesses for testimony in future investigations. Criminal contempt is a punitive measure and would not compel Dr. Fauci to answer additional questions. The Senate has pursued criminal contempt only once in the past 50 years. Peters warned his colleagues that punishing a witness for asserting a constitutional right sets a dangerous precedent that undermines the Senate’s ability to compel witnesses in future investigations.
“A Committee vote to hold Dr. Anthony Fauci in criminal contempt of Congress will not provide the Committee with additional information from Dr. Fauci, and it will cause both immediate and long-term damage to this Committee and Congress’s oversight powers,” Peters wrote.
“The rights afforded under the Fifth Amendment and its protection from self-incrimination, have been respected by the Senate for decades,” Peters wrote. “Chairman Paul’s demand that this Committee reject Dr. Fauci’s assertion of his Fifth Amendment rights under the Constitution – whether Members like that Dr. Fauci chose to assert those rights or not – places this Committee and the Senate’s future ability to assert that it will recognize the rights and protections guaranteed under the Fifth Amendment at risk.”
“If the Committee approves a contempt resolution – without even attempting to provide a sound legal basis – it sends the clear message that this Committee does not respect witnesses’ Fifth Amendment rights,” Peters wrote. “Any future witness seeking to avoid even appearing before a committee to assert the Fifth Amendment, can point to our Committee’s actions.”
Peters also reiterated the need for Chairman Paul to adhere to Senate rules and precedent and raised concerns about Chairman Paul’s suggestion that he could send the contempt resolution to the Department of Justice without approval from the full Senate. If the Committee ultimately recommends contempt, the resolution proceeds to the full Senate, where 60 votes are required, in accordance with Senate rules, precedent, and decades of longstanding Senate practice.
“It is the Senate, not an individual Member or group of Members, that asserts its prerogatives, including whether to direct the Justice Department to enforce a resolution for contempt of Congress. If Chairman Paul refers a contempt resolution to DOJ without a full Senate vote, it would permanently weaken both the Senate and this Committee’s ability to conduct oversight,” Peters wrote. “No one Member or group of Members may speak for the Senate as a whole and it is the Senate that must authorize legal action to vindicate its authorities.”
Peters urged Committee Members to reject the resolution on Thursday and require Chairman Paul to make a serious legal and factual case before taking an extraordinary action that could permanently weaken the Senate’s investigative authority and undermine constitutional rights.
“At a minimum, all Members of the Committee should have the opportunity to thoroughly examine the legal issues presented and should require the Chairman to make a serious case before proceeding.” Peters concluded.
The letter is available here.
###
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
