5 notes December 19, 2011 SCHIEFFER:Let me just ask you this and we’ll talk about enforcing it, because one of the things you say is that if you don’t like what a court has done, the congress should subpoena the judge and bring him before congress and hold a congressional hearing. Some people say that’s unconstitutional. But I’ll let that go for a minute. I just want to ask you from a practical standpoint, how would you enforce that? Would you send the capital police down to arrest him? GINGRICH:If you had to. SCHIEFFER:You would? GINGRICH:Or you instruct the Justice Department to send the U.S. Marshal. Let’s take the case of Judge Biery. I think he should be asked to explain a position that radical. How could he say he’s going to jail the superintendent over the word “benediction” and “invocation”? Because before you could — because I would then encourage impeachment, but before you move to impeach him you’d like to know why he said it. Now clearly since the congress has.... SCHIEFFER:What if he didn’t come? What if he said no thank you I’m not coming? GINGRICH:Well, that is what happens in impeachment cases. In an impeachment case, the House studies whether or not — the House brings them in, the House subpoenas them. As a general rule they show up. I mean, you’re raising the core question — are judges above the rest of the constitution or are judges one of the three co-equal branches? Filed under Newt Gingrich Law The Country that is America Tommy Lee Jones
