Contempt Power
What Trump Can Teach Us About Con Law
Roman Mars
4.8 • 4.1K Ratings
🗓️ 13 May 2019
⏱️ 21 minutes
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| 0:00.0 | When William McCracken showed up at Chesley Journey's apartment on the night of February 11th, 1934, |
| 0:06.6 | he only wanted one thing. He wanted to be arrested, and Journey was a law enforcement official. |
| 0:13.0 | But Journey didn't want to arrest McCracken. |
| 0:16.0 | You see, McCracken was in some legal trouble. |
| 0:19.0 | The Senate was investigating what the newspapers called the airmail scandal. |
| 0:24.6 | This involved the awarding of lucrative government contracts to airlines under some shady circumstances. |
| 0:31.5 | William McCracken was a fancy Washington lobbyist for the airlines and a former member of the Hoover administration. |
| 0:38.0 | The Senate first ordered McCracken to hand over documents relating to the scandal. He refused. Then the Senate discovered |
| 0:46.2 | that he had allowed some other documents requested by the Senate to disappear. |
| 0:50.8 | For all of this non-cooperation, the Senate Committee in charge of the investigation ordered McCracken to be arrested. |
| 0:59.3 | Chesley Journey, it turns out, was the Senate's Sergeant-at-arms. That's the Senate's Sergeant at Arms. |
| 1:03.3 | That's the Senate's chief law enforcement official, the guy who might arrest you when the |
| 1:08.6 | Senate orders it. |
| 1:11.0 | And here's where things get weird. The Senate did not want McCracken to be arrested when it wasn't in session. |
| 1:18.0 | If that happened, McCracken might run to a judge and argue that the arrest was illegal and that would delay what the |
| 1:25.5 | Senate wanted to do. If McCracken was arrested when the Senate was in session, he could |
| 1:30.9 | be brought to the Senate chambers immediately. |
| 1:34.0 | And that's how the cat and mouse game of Journey and McCracken happened. |
| 1:39.0 | McCracken's lawyer told his client to hide when the Senate was in session and try to get arrested |
| 1:44.7 | when it wasn't in session. And Journey had orders not to arrest McCracken |
| 1:50.1 | unless the Senate was in session. Otherwise, don't look for him. |
| 1:54.0 | And that's how McCracken ended up knocking on the door of Journey's apartment |
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