IV

105TH CONGRESS

1ST SESSION H. RES. 244

Demanding that the Office of the United States Attorney for the Central

District of California file criminal charges against Hermandad Mexicana

Nacional for failure to comply with a valid subpoena under the Federal

Contested Elections Act.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 1997

Mr. THOMAS submitted the following resolution; which was referred to the

Committee on House Oversight, and in addition to the Committee on the

Judiciary, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

RESOLUTION

Demanding that the Office of the United States Attorney

for the Central District of California file criminal charges

against Hermandad Mexicana Nacional for failure to

comply with a valid subpoena under the Federal Contested Elections Act.

Whereas the contested election case of Dornan v. Sanchez is

pending before the Committee;

Whereas the Federal Contested Elections Act (2 U.S.C. 381

et seq.) (hereafter in this resolution referred to as the

‘‘Act’’) provides for the issuance of subpoenas, and on

March 17, 1997, United States District Court Judge

Gary L. Taylor issued such a subpoena at the request of
2

•HRES 244 IH

the Contestant for the deposition and records of

Hermandad Mexicana Nacional;

Whereas on April 16, 1997, the Committee voted to modify

the subpoena by limiting production of documents to the

46th Congressional District (among other modifications),

and as perfected by the Committee, the subpoena required Hermandad Mexicana Nacional to produce documents and appear for a deposition no later than May 1,

1997;

Whereas Hermandad Mexicana Nacional failed to produce

documents or appear for the deposition by May 1, 1997,

and still has not complied with the subpoena;

Whereas Hermandad Mexicana Nacional, by willfully failing

to comply with the lawfully issued subpoena, is in violation of section 11 of the Act (2 U.S.C. 390), which provides for criminal penalties;

Whereas on May 13, 1997, the Contestant wrote to the United States Attorney for the Central District of California,

Nora M. Manella, requesting that action be taken to enforce the law with respect to Hermandad Mexicana

Nacional, and on June 23, 1997, the Committee wrote to

the Department of Justice inquiring as to the status of

this request for criminal prosecution, and the Department responded on July 25, 1997, that the criminal referral remained ‘‘under review’’;

Whereas the United States Attorney’s failure to enforce

criminal penalties for the violation of the Act encourages

disrespect for the law and hinders the Constitutionally

mandated process of determining the facts in the contested election case, including the discovery of any elec-
3

•HRES 244 IH

tion fraud that may have influenced the outcome of the

election; and

Whereas on September 23, 1997, the United States District

Court for the Central District of California ruled that the

deposition subpoena provisions of the Act are constitutional: Now, therefore, be it

1 Resolved, That the House of Representatives de2 mands that the Office of the United States Attorney for

3 the Central District of California carry out its responsibil4 ity by filing criminal charges against Hermandad

5 Mexicana Nacional for failure to comply with a valid sub6 poena issued under the Act.

Æ