Former White House Counsel Don McGahn recently won a battle over a subpoena from the House Judiciary Committee, chaired by Jerry Nadler.

McGahn argued that the subpoena was too broad and an appeals court agreed.

The move has Democrats incensed, including Speaker Pelosi who said that it was “a challenge to our system of checks & balances, and is at odds with Supreme Court precedent.”

Their response is to resurrect a Congressional power called Inherent Contempt. A power that hasn’t been exercised in 90 years.

This power allowed the House to send out the Seargent at Arms to arrest a person who was not complying with a congressional subpoena.

There are other ways to enforce subpoenas as Fox News reports:

Lieu led the introduction of a resolution to change the rules of the House in late June which would provide procedures for the House to negotiate with witnesses who are not cooperating with subpoenas. But if no deal can be made the chamber would be able to levy a fine of $25,000 against the person being held in inherent contempt. That total could be increased in $25,000 increments if the person doesn’t cooperate with the subpoena within 20 days, with a maximum penalty of $100,000.

Congress has relied on two other forms of contempt in recent years, most commonly civil contempt, where the body relies on courts to enforce subpoenas. It has also used criminal contempt, which asks the Department of Justice (DOJ) to prosecute the case. But with a Trump administration that has cooperated very little with Congress in charge of the DOJ and fighting tooth-and-nail in the courts, these House Democrats are seeking to use their inherent contempt power as a third, more direct option.

“Congress must do more to enforce our lawfully issued subpoenas,” Cicilline said. “The inherent contempt power was used for decades to ensure no individual could hold themselves above the law. Given this President’s clear disdain for Congress’ ability to conduct oversight on behalf of the American people, it is time to reinvigorate this power to hold him and any future administrations accountable.”

The last time inherent contempt was used was on Assistant Secretary of Commerce William MacCracken.

But it wasn’t as bad as you think as Fox News’ Chad Pergram noted: