```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 244 Introduced in House (IH)]

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 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 election 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
    Resolved, That the House of Representatives demands that the Office 
of the United States Attorney for the Central District of California 
carry out its responsibility by filing criminal charges against 
Hermandad Mexicana Nacional for failure to comply with a valid subpoena 
issued under the Act.
                                 <all>
```