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 jurisdic-
tion 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 Con-
tested 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
•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 re-
quired Hermandad Mexicana Nacional to produce docu-
ments 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 viola-
tion of section 11 of the Act (2 U.S.C. 390), which pro-
vides for criminal penalties;
Whereas on May 13, 1997, the Contestant wrote to the Unit-
ed States Attorney for the Central District of California,
Nora M. Manella, requesting that action be taken to en-
force 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 Depart-
ment responded on July 25, 1997, that the criminal re-
ferral 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 con-
tested election case, including the discovery of any elec-
•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 constitu-
tional: Now, therefore, be it
Resolved, That the House of Representatives de-
mands that the Office of the United States Attorney for
the Central District of California carry out its responsibil-
ity by filing criminal charges against Hermandad
Mexicana Nacional for failure to comply with a valid sub-
poena issued under the Act.
Æ