theoretical power, at least. Dean paints an interesting picture.
http://writ.news.findlaw.com/dean/20070518.html
If Congress Operated Like Gonzales
Recently, Gonzales's refused to fully comply with the subpoena for Karl Rove's emails regarding his involvement in the firing of the U.S. Attorneys. His refusal caused me to mull what it would be like if Congress were to proceed as Gonzales has -without a shred of respect for the other branches of government.
Congress could hold Gonzales in contempt by a simple majority vote (and that would not be difficult to obtain, given the feelings in both chambers about this Attorney General). It could hold him in contempt for his failure to respond to the subpoena he virtually ignored, or for his lies to the Senate Judiciary Committee, which I will explain shortly.
Congress has two routes to travel, once it holds any person in contempt. It can proceed by the statutory route, which requires the Department of Justice to handle the prosecution. But since the Attorney General could block that route, the Congress would have good reason to use its inherent powers and procedures, instead.
Thus, Congress could --taking a page from Gonzales's playbook -- send fifteen plainclothes Capitol Hill police officers to arrest the Attorney General and take him into custody. Either the House or Senate, alone, would have the power to hold him until the end of the 110th Congress. In truth, a majority of either chamber of Congress has more power than a president, the Department of Justice, and federal courts to take summary actions against those who refuse to honor its processes.
Of course, this is not likely to happen. Congress has the power to do so if it so chooses. But because most of those in Washington with experience do not think like Gonzales, they will exhibit respect for interbranch customs instead of simply jailing the Attorney General.