Vote further intensifies the conflict between the Trump administration and the legislative branch of the US government House judiciary committee Democrats voted to hold William Barr in contempt of Congress. Photograph: Nicholas Kamm/AFP/Getty Images Democrats on the House judiciary committee voted on Wednesday to hold the attorney general, William Barr, in contempt of Congress, intensifying the conflict between Donald Trump’s administration and the legislative branch of the US government. The move by Democrats comes as Barr refuses to share with Congress the full unredacted version of Robert Mueller’s report on Russian interference in the 2016 presidential election. But the immediate ramifications of the vote were largely symbolic – and unlikely to change the fraught negotiations over the special counsel’s report or Barr’s fate as attorney general. What does it mean to be held in contempt of Congress? Last week, the House judiciary committee chairman, Jerrold Nadler, called on Barr to turn over the unredacted Mueller report and underlying evidence by 6 May. If Barr failed to meet the deadline, Nadler threatened to schedule a vote in his committee to hold the attorney general in contempt. Members of Congress can begin contempt proceedings against individuals over the failure to comply with a subpoena – which in this case was Barr’s refusal to give US lawmakers access to the full Mueller report. There are three types of contempt referrals Congress can pursue: criminal statutory contempt, which would be prosecuted by the justice department; civil contempt, which would be enforced by the courts under a lawsuit; or inherent contempt, under which Congress can use its own authority to fine or jail an individual. Democrats have not yet said how they plan to proceed. Given the unlikelihood that the justice department would enforce punishment against its own top official, the likely course of action would be for Democrats to pursue the matter in the courts. But first, the full House chamber must approve the contempt resolution against Barr – which it likely will under Democratic control. Would Congress actually use its powers to jail William Barr? While the inherent contempt authority grants US lawmakers the power to jail those who defy a subpoena from Congress, it’s highly unlikely that Democrats will go that route. The last time Congress exercised its inherent contempt powers was in the 1930s. But that’s not to say some Democrats haven’t expressed support for returning to such drastic measures. Representative Elijah Cummings, the chairman of the House oversight committee, said earlier this week: “There is no tool in our toolbox that we should not explore.” One challenge for Democrats is that litigating these issues in court could take several months, if not years. Do Democrats have a legitimate case to hold William Barr in contempt? Prior to holding the contempt vote on Wednesday, Nadler said the Trump administration’s stonewalling of his committee’s requests amounted to a “constitutional crisis”. Barr has thus far rejected Democrats’ demands for the full unredacted Mueller report, instead choosing to make a less redacted version available to the top 12 members of Congress, which includes leadership in both chambers and committee heads. Those lawmakers are, however, prohibited from discussing the report’s contents with their colleagues. The redactions cover classified information, as well as evidence that pertains to continuing criminal investigations. In an attempt to negotiate with the justice department, Nadler narrowed the scope of his committee’s request and asked the attorney general to work with Democrats to obtain the grand jury information contained in the Mueller report through a court order. Those talks failed to break the stalemate, resulting in Wednesday’s contempt vote. Barr’s handling of the Mueller report has drawn a great deal of controversy, with some Democrats going so far as to call for the attorney general’s impeachment. It also fits a pattern of the Trump administration stymying Democrats in Congress. This week alone, the White House instructed its former counsel, Don McGahn, not to comply with a subpoena to testify before Congress, while the treasury secretary, Steven Mnuchin, denied a request from the House ways and means committee to release Trump’s tax returns. At a minimum, Democrats are sending a clear warning with the contempt vote against Barr that there will be consequences for rebuffing their oversight requests.
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