Don Wolfensberger at The Hill:
The Supreme Court’s decision in McGrain v. Daugherty in 1927 held that Congress has an inherent right to compel testimony and conduct oversight as part of its constitutional lawmaking functions. The case was an offshoot of the Teapot Dome oil leasing scandal of the early 1920s. In that instance, a Senate select committee was inquiring into why former Attorney General Harry Daughety did not investigate the matter when it first broke. It had subpoenaed Mally Daugherty, the attorney general’s brother and president of a bank at the heart of the scandal. When Mally refused to comply with the subpoena he was cited for contempt of Congress and found guilty. The Supreme Court reversed a lower court and upheld Mally’s conviction. That 1927 decision did not turn off the spigot and witnesses today are still challenging subpoenas and inviting contempt citations. Whether a contempt citation is prosecuted is solely at the discretion of the Justice Department.
The failure by the Justice Department to prosecute [Eric] Holder’s contempt of Congress citation in 2012 could well be a precursor to another prolonged battle of the branches. This time Congress could potentially wind-up with a sawed-off limb.