ABSTRACT

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure [August 17, 2012]   [open pdf - 766KB]

"Congress has three formal methods by which it can combat non-compliance with a duly issued subpoena. Each of these methods invokes the authority of a separate branch of government. First, the long dormant inherent contempt power permits Congress to rely on its own constitutional authority to detain and imprison a contemnor until the individual complies with congressional demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may seek a civil judgment from a federal court declaring that the individual in question is legally obligated to comply with the congressional subpoena. […] This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally based limitations on the contempt power."

Report Number:CRS Report for Congress, RL34097
Author:Garvey, Todd
Dolan, Alissa M.
Publisher:Library of Congress. Congressional Research Service
Date:2012-08-17
Copyright:Public Domain
Retrieved From:Federation of American Scientists: http://www.fas.org/
Format:pdf
Media Type:application/pdf
URL:https://www.hsdl.org/?view&did=737175
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