Contempt of Congress
Encyclopedia
Contempt of Congress is the act of obstructing the work of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 or one of its committees
United States Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction...

. Historically the bribery of a senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 or representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 was considered contempt
Contempt
Contempt is an intensely negative emotion regarding a person or group of people as inferior, base, or worthless—it is similar to scorn. It is also used when people are being sarcastic. Contempt is also defined as the state of being despised or dishonored; disgrace, and an open disrespect or willful...

 of Congress. In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...

 issued by a Congressional committee or subcommittee
United States Congressional subcommittee
A congressional subcommittee in the United States Congress is a subdivision of a United States congressional committee that considers specified matters and reports back to the full committee....

 — usually seeking to compel either testimony or the production of documents.

History

In the late 1790s, contempt of Congress was considered an "implied power" of the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

. Early Congresses issued contempt citations against numerous individuals for a variety of actions. Some early instances of contempt of Congress included citations against:
  • Robert Randal
    Robert Randal
    Robert Randal was a businessman and political figure in Upper Canada.He was born Robert Randall in Maryland around 1766; after 1809, he spelled his surname Randal. In 1795, he was part of a partnership which wished to buy the lower Michigan peninsula from the United States government...

    , for an attempt to bribe Representative William Smith
    William Smith (South Carolina representative)
    William Smith was a congressman, state senator and judge from South Carolina.Smith was born in Bucks County, Pennsylvania, the oldest son of Ralph Smith and Mercy Penquite Smith. He moved to Spartan District, South Carolina with his family in 1765 where he became a planter...

     of South Carolina
    South Carolina
    South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...

     in 1795.
  • William Duane, a newspaper editor who refused to answer Senate questions in 1800.
  • Nathaniel Rounsavell, another newspaper editor for releasing sensitive information to the press in 1812.

In 1821, the Supreme Court issued its decision in Anderson v. Dunn,
which held that Congress' power to hold someone in contempt was essential to ensure that Congress was "... not exposed to every indignity and interruption that rudeness, caprice, or even conspiracy, may mediate against it."
The historical interpretation that bribery of a senator or representative was considered contempt of Congress has long since been abandoned in favor of criminal statutes. In 1857, Congress enacted a law which made "contempt of Congress" a criminal offense against the United States.

Subpoenas

Congressional rules empower all its standing committees with the authority to compel witnesses to produce testimony and documents for subjects under its jurisdiction. Committee rules may provide for the full Committee to issue a subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...

, or permit subcommittees or the Chairman (acting alone or with the ranking member) to issue subpoenas.

As announced in Wilkinson v. United States
Wilkinson v. United States
Wilkinson v. United States was a court case during the McCarthy Era in which the petitioner, Frank Wilkinson, an administrator with the Los Angeles Public Housing Authority, challenged his conviction under 2 U.S.C. § 192, which makes it a misdemeanor to refuse to answer any question pertinent to...

, the Congressional committee must meet three requirements for its subpoenas to be "legally sufficient." First, the committee investigation of the broad subject area must be authorized by its Chamber; second, the investigation must pursue "a valid legislative purpose" but does not need to involve legislation and does not need to specify the ultimate intent of Congress; and third, the specific inquiries must be pertinent to the subject matter area which have been authorized for investigation.

The Court held in Eastland v. United States Servicemen's Fund that Congressional subpoenas are within the scope of the Speech and Debate clause which provides "an absolute bar to judicial interference" once it is determined that Members are acting within the "legitimate legislative sphere" with such compulsory process. Under that ruling, Courts generally do not hear motions to quash Congressional subpoenas; even when executive branch
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...

 officials refuse to comply, the Courts tend to rule that such matters are "political question
Political question
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and...

s" unsuitable for judicial remedy.

Procedures

Following the refusal of a witness to produce documents or to testify, the Committee is entitled to report a resolution of contempt to its parent chamber. A Committee may also cite a person for contempt but not immediately report the resolution to the floor. In the case of subcommittees, they report the resolution of contempt to the full Committee, which then has the option of rejecting it, accepting it but not reporting it to the floor, or accepting it and reporting it to the floor of the chamber for action. On the floor of the House or the Senate, the reported resolution is considered privileged and, if the resolution of contempt is passed, the chamber has several options to enforce its mandate.

Inherent contempt

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House
Sergeant at Arms of the United States House of Representatives
The United States House of Representatives Sergeant at Arms is an officer of the House with law enforcement, protocol, and administrative responsibilities. The Sergeant at Arms is elected at the beginning of each Congress by the membership of the chamber...

 or Senate
Sergeant at Arms of the United States Senate
The Sergeant at Arms and Doorkeeper of the Senate is the law enforcer for the United States Senate. One of the chief roles of the Sergeant is to hold the gavel used at every session...

, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation).

Concerned with the time-consuming nature of a contempt proceeding and the inability to extend punishment further than the session of the Congress concerned (under Supreme Court rulings), Congress created a statutory process in 1857. While Congress retains its "inherent contempt" authority and may exercise it at any time, this inherent contempt process was last used by the Senate in 1934, in a Senate investigation of airlines and the U.S. Postmaster
United States Postmaster General
The United States Postmaster General is the Chief Executive Officer of the United States Postal Service. The office, in one form or another, is older than both the United States Constitution and the United States Declaration of Independence...

. After a one-week trial on the Senate floor (presided over by the Vice-President of the United States, acting as Senate President), William P. MacCracken, a lawyer and former Assistant Secretary of Commerce for Aeronautics who had allowed clients to rip up subpoenaed documents, was found guilty and sentenced to 10 days imprisonment.

MacCracken filed a petition of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

 in federal courts to overturn his arrest, but after litigation, the U.S. Supreme Court ruled that Congress had acted constitutionally, and denied the petition in the case Jurney v. MacCracken
Jurney v. MacCracken
Jurney v. MacCracken, 294 U.S. 125 , was a case in which the Supreme Court of the United States held that Congress has an implicit power to find one in contempt of Congress. During a Senate investigation of airlines and of the U.S. Postmaster General, the attorney William P. MacCracken allowed his...

.

Presidential pardons appear not to apply to a civil contempt procedure such as the above, since it is not an "offense against the United States" or against "the dignity of public authority."

Statutory proceedings

Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...

; according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 for action.

The criminal offense of "contempt of Congress" sets the penalty at not less than one month nor more than twelve months in jail and a fine of not less than $100 nor more than $1,000.

While the law pronounces the duty of the U.S. Attorney is to impanel a grand jury for its action on the matter, some proponents of the unitary executive theory believe that the Congress cannot properly compel the U.S. Attorney to take this action against the Executive Branch, asserting that the U.S. Attorney is a member of the Executive Branch who ultimately reports only to the President and that compelling the Attorney amounts to compelling the President himself. They believe that to allow Congress to force the President to take action against a subordinate following his directives would be a violation of the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

 and infringe on the power of the Executive branch. The legal basis for this belief, they contend, can be found in Federalist 49, in which James Madison wrote "“The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers.” This approach to government is commonly known as "departmentalism” or “coordinate construction”

Others believe that, under Article II
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...

, the principal duty of the President is to execute the law; that, under Article I
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...

, the law is what the lawmaker—e.g. Congress, in the case of statutory contempt—says it is and the Executive Branch cannot either define the meaning of the law (such powers of legislation being reserved to Congress) or interpret the law (such powers being reserved to the several Federal Courts); any attempt by the Executive to define or interpret the law would be a violation of the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

; the Executive may only—and is obligated to—execute the law consistent with its definition and interpretation; and if the law specifies a duty on one of the President's subordinates, then the President must "take care" to see that the duty specified in the law is executed. To avoid or neglect the performance of this duty would not be faithful execution of the law, and would thus be a violation of the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

, which the Congress and the Courts have several options to remedy.

Civil procedures

Senate Rules authorize the Senate to direct the Senate Legal Counsel to file a civil action against any private individual found in contempt. Upon motion by the Senate, the federal district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

 issues another order for a person to comply with Senate process. If the subject then refuses to comply with the Court's order, the person may be cited for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

 and may incur sanctions imposed by the Court. The process has been used at least six times; but the civil procedure can only be used against Executive branch officials "in certain limited circumstances."

Partial list of those held in contempt since 1975

Person Subcommittee/Committee Chamber Ultimate Disposition
Rogers C.B. Morton (Republican),
Secretary of Commerce
11 November 1975
Subcommittee of the House Committee on Interstate and Foreign Commerce
United States House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than 200 years...

Not
considered
Morton released the material to the subcommittee.
Henry Kissinger
Henry Kissinger
Heinz Alfred "Henry" Kissinger is a German-born American academic, political scientist, diplomat, and businessman. He is a recipient of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the administrations of Presidents Richard Nixon and...

 (Republican),
Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...

15 November 1975
House Select Committee on Intelligence
United States House Permanent Select Committee on Intelligence
The United States House Permanent Select Committee on Intelligence is a committee of the United States House of Representatives, currently chaired by Mike Rogers. It is the primary committee in the U.S...

Not
considered
Citation dismissed after "substantial compliance" with subpoena.
Joseph A. Califano, Jr.
Joseph A. Califano, Jr.
Joseph Anthony Califano, Jr. is Founder and Chairman of The National Center on Addiction and Substance Abuse at Columbia University, an independent non-profit research center affiliated with Columbia University in New York City...

 (Democrat),
Secretary of Health, Education, and Welfare
6 August 1978
Subcommittee of the House Committee on Interstate and Foreign Commerce
United States House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than 200 years...

Not
considered
Califano complied with the subpoena about one month after the subcommittee citation.
Charles W. Duncan, Jr. (Democrat),
Secretary of Energy
29 April 1980
Subcommittee of the House Committee on Government Operations
Not
considered
Duncan supplied the material by 14 May 1980.
James B. Edwards
James B. Edwards
James Burrows Edwards is a politician and administrator from South Carolina. He was the first Republican to be elected the Governor of South Carolina since Reconstruction.-Early life and career:...

 (Republican),
Secretary of Energy
23 July 1980
Environment, Energy, and Natural Resources Subcommittee of the House Committee on Government Operations
Not
considered
Documents were delivered to Congress prior to full Committee consideration of the contempt citation.
James G. Watt
James G. Watt
James Gaius Watt served as U.S. Secretary of the Interior for President Ronald Reagan from 1981 to 1983.-Early life and career:...

 (Republican),
Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...

9 February 1982
Subcommittee of House Committee on Energy and Commerce
United States House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than 200 years...


25 February 1982
House Committee on Energy and Commerce
United States House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than 200 years...

Not
considered
The White House delivered documents to the Rayburn House Office Building for review by Committee members for four hours, providing for no staff or photocopies.
Anne Gorsuch (Republican),
Administrator of the Environmental Protection Agency
Administrator of the Environmental Protection Agency
The Administrator of the Environmental Protection Agency is the head of the United States federal government's Environmental Protection Agency, and is thus responsible for enforcing the nation's Clean Air and Clean Water Acts, as well as numerous other environmental statutes. The Administrator is...

2 December 1982
Oversight Subcommittee of the House Committee on Public Works and Transportation
United States House Committee on Transportation and Infrastructure
The U.S. House Committee on Transportation and Infrastructure is a standing committee of the United States House of Representatives. John Mica currently chairs the committee.-History:...



House Committee on Public Works and Transportation
United States House Committee on Transportation and Infrastructure
The U.S. House Committee on Transportation and Infrastructure is a standing committee of the United States House of Representatives. John Mica currently chairs the committee.-History:...

House of Representatives After legal cases and a court dismissal of the executive Branch's suit, the parties reached an agreement to provide documents.
Rita Lavelle
Rita Lavelle
Rita Marie Lavelle is a United States and California State Republican political figure. Lavelle was convicted on federal charges of perjury related to an investigation into misuse of the United States Environmental Protection Agency's "Superfund" money during her tenure with the agency, and...

 (Republican),
EPA official
26 April 1983
House Committee on Energy and Commerce
United States House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than 200 years...

House of Representatives Indicted for lying to Congress; convicted; sentenced to 6 months in prison, 5 years probation thereafter, and a fine of $10,000
Jack Quinn
Jack Quinn (lawyer)
Jack Quinn was born and grew up in New York. He attended Georgetown University, graduating with a Bachelor of Arts degree in 1971. Quinn later attended night classes at Georgetown University Law Center while serving as a staff member on the U.S. Senate Select Committee on Nutrition and Human Needs ...

 (Democrat),
White House Counsel
White House Counsel
The White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...


David Watkins,
White House Director of Administration
Matthew Moore, White House aide
9 May 1996
House Committee on Oversight and Government Reform
Not
considered
Subpoenaed documents were provided hours before the House of Representatives was set to consider the contempt citation.
Janet Reno
Janet Reno
Janet Wood Reno is a former Attorney General of the United States . She was nominated by President Bill Clinton on February 11, 1993, and confirmed on March 11...

 (Democrat),
Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

6 August 1998, House Committee on Oversight and Government Reform Not
considered
Documents in question were revealed during the impeachment of President Clinton.
Karl Rove
Karl Rove
Karl Christian Rove was Senior Advisor and Deputy Chief of Staff to former President George W. Bush until Rove's resignation on August 31, 2007. He has headed the Office of Political Affairs, the Office of Public Liaison, and the White House Office of Strategic Initiatives...

 (Republican),
former Deputy White House Chief of Staff
Deputy White House Chief of Staff
The White House Deputy Chief of Staff is officially the top aide to the White House Chief of Staff, who is the senior aide to the President of the United States. The Deputy Chief of Staff usually has an office in the West Wing and is responsible for ensuring the smooth running of the White House...

30 July 2008
House Committee on the Judiciary
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...

Not
considered
Ongoing
Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...

 (Republican),
Former White House Counsel
White House Counsel
The White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...


Joshua Bolten (Republican), White House Chief of Staff
White House Chief of Staff
The White House Chief of Staff is the highest ranking member of the Executive Office of the President of the United States and a senior aide to the President.The current White House Chief of Staff is Bill Daley.-History:...

25 July 2007
House Committee on the Judiciary
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...

14 February 2008
House of Representatives
Ongoing

Other legislatures in the U.S.

Various U.S. states have made similar actions against their own legislatures violations of state criminal laws. Sometimes, those laws can even be applied to non-sovereign legislative bodies like county legislatures and city councils.

External links

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