‘Lock me up’: The last man to be arrested for defying Congress during an investigation

Lock him up!

That was the message of the U.S. Senate in February 1934 when William MacCracken Jr., a Washington aviation industry lawyer, refused to cooperate with a Senate investigation into the awarding of federal airmail contracts. MacCracken was the last person arrested under Congress’s “inherent contempt power,” which authorizes the Senate and the House to order their sergeant-at-arms to arrest witnesses who defy congressional orders.

Some Democrats have urged that the arrest powers be dusted off and used against administration officials and others who are defying the House Democrats’ impeachment investigation of President Trump, which resumes this week.

Mick Mulvaney, the acting White House chief of staff, and Rudolph W. Giuliani, the president’s private lawyer, have refused to cooperate with the House Intelligence Committee probe of Trump’s dealings with Ukraine. Former national security adviser John Bolton said he would appear before Congress only if a judge orders him to do so. Bolton’s former deputy, Charles Kupperman, filed a lawsuit asking the courts to decide if he has to testify. Trump has tweeted that those who propose arresting recalcitrant witnesses are “despicable.”