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Constitutional Law Keyed to Paulsen
McGrain v. Daugherty
Citation:
273 U.S. 135 (1927)Facts
The United States Senate initiated an investigation into the administration of the Department of Justice during Harry M. Daugherty’s tenure as Attorney General from March 1921 to March 1924, following charges of misfeasance and nonfeasance. The Senate adopted a resolution creating a select committee to investigate alleged failures to prosecute antitrust violations, fraud against the government, and other federal crimes, and to examine activities that might impair the department’s efficiency. The committee issued two subpoenas to Mally S. Daugherty, brother of the former Attorney General and president of Midland National Bank, commanding him to appear and testify. After Daugherty failed to appear both times without excuse, the Senate adopted a resolution directing that a warrant be issued to bring him into custody to answer questions pertinent to the investigation. Deputy Sergeant at Arms John J. McGrain executed the warrant and took Daugherty into custody in Cincinnati, whereupon Daugherty petitioned for habeas corpus.
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