Civic Register
| 12.15.21
What is Contempt of Congress?
How do you feel about Congress’s contempt powers?
What is contempt of Congress?
- Contempt is used by the House and Senate to respond to actions viewed as obstructing the legislative and oversight process by forcing compliance, punishing the subject of contempt (aka the contemnor), or removing the obstruction. Congressional contempt power can be exercised in three ways according to the Congressional Research Service:
- Inherent Contempt: This method draws on Congress’s constitutional authority to try and physically detain the contemnor until the individual complies with congressional demands. It is also functionally dormant, as it was last used in 1935 to detain an official at the Willard Hotel in D.C.
- Criminal Contempt: This allows Congress to punish non-compliance with a subpoena by certifying a contempt citation referral for the criminal prosecution of the contemnor by the DOJ, rather than serving as a mechanism for obtaining the subpoenaed material. The DOJ has discretion over whether it chooses to prosecute after receiving a criminal contempt referral.
- Civil Enforcement: Congress has the power to seek a civil judgment in federal court declaring that the contemnor is legally obligated to comply with the congressional subpoena.
- It’s possible to enforce congressional subpoenas through civil action, but it can take a long time to obtain a final, enforceable ruling due to the appeals process. There are also obstacles to congressional subpoena enforcement against executive branch officials through the use of criminal contempt or civil enforcement.
- In terms of criminal contempt, based on past practice the DOJ doesn’t prosecute contempt if executive privilege is invoked. That was the case for several contempt citations involving executive branch officials approved by the House and referred to the DOJ in recent decades:
- EPA Administrator Anne Gorsuch Burford (1982): Gorsuch was subpoenaed for documents related to the functioning of the Superfund program, which cleans and repairs environmental areas contaminated by toxic waste, during the Reagan administration.
- Former WH Counsel Harriet Miers and WH Chief of Staff Joshua Bolten (2008): Miers was subpoenaed for documents and testimony related to the George W. Bush White House’s involvement in requesting the resignations of U.S. attorneys, while Bolten was subpoenaed for similar records.
- Attorney General Eric Holder (2012): Holder was subpoenaed for records related to the Obama administration’s Operation Fast & Furious, under which the ATF allowed semi-automatic “assault” rifles to be sold to straw-buyers who transferred them to drug cartels. The weapons were used in numerous murders near the U.S.-Mexico border, including the 2010 killing of U.S. Border Patrol Agent Brian Terry.
- Attorney General William Barr and Commerce Secretary Wilbur Ross (2019): The Cabinet officials were held in contempt for failing to produce documents related to the decision to attempt to add a citizenship question to the 2020 Census that were the subject of congressional subpoenas. The Trump administration asserted executive privilege over the documents. The Supreme Court issued a decision that held a citizenship question could be added, but the Trump administration failed to provide a coherent rationale for it in the rulemaking process.
- Congressional leadership isn’t required to pursue civil enforcement of a subpoena even though a contempt resolution authorizes civil action, and the DOJ can decline to prosecute a criminal contempt referral even if executive privilege isn’t invoked.
- When the House held former Internal Revenue Service Director Lois Lerner in contempt in 2014 for not complying with a subpoena related to an investigation of the IRS’s targeting of conservative groups during her tenure, it opted not to pursue civil enforcement and just provided the DOJ with a criminal referral. The Obama administration didn’t claim executive privilege, but Lerner invoked her Fifth Amendment right to not incriminate herself through compliance with the subpoena, and the DOJ ultimately declined to prosecute.
- It remains to be seen whether the DOJ will pursue prosecution for criminal contempt against Steve Bannon, a former strategist in the Trump White House who was held in contempt by the House in October 2021, and former Trump White House Chief of Staff Mark Meadows, who was held in contempt in December 2021. Both were held in contempt of Congress for failing to comply with a subpoena for documents and testimony related to the January 6th attack on the Capitol requested by a select committee tasked with investigating it. Bannon and Meadows have each claimed that executive privilege precludes them providing certain materials to the select committee or sitting for a deposition with it.
— Eric Revell
(Photo Credit: iStock.com / lucky-photographer)
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It doesn't go far enough, and seems virtually useless in our current situation.
It’s mainly used by the left going on a fishing expedition. They’re a joke.
So true, Surender! 😊❤️😊❤️ Sadly, so true. I am so afraid for all of us sane, common-sense kind of people! I see us going further down the path of destruction. We cannot continue to give the Pig a forum. We need to ignore him. The truthful Media MUST ignore him. Any info they share from him are lies. We’ve heard it all thousands of times before now! Stop making heroes of, or even giving nods to, Bannon, Flynn, Stone, Meadows, et al! They get their kicks out of the attention you give them. You are contributing to the demise of our country every time you allow them to take center stage. And you do it for ratings, which is damn disgusting. STOP IT! You DO REALIZE that if he and his ilk return to power, he WILL SILENCE YOU AND CLOSE YOU ALL DOWN! DO YOU NOT? So much for the free press and so much for your jobs. Gayle King, you are one I have noticed tries to walk a fine line. When you gave Dr. Oz a shoutout, I nearly threw up my breakfast! Dr. Oz has peddled cures for Covid that can/may do harm. He has peddled products for health and beauty that have no proof of working in the ways he suggests. He has to creepily touch just about every woman who comes on his show. He is a charlatan and has no experience to be considered for ANY political office, let alone a Senator from a State he doesn’t even live in - last I heard. So, Gayle, why don’t you keep that mouth of yours shut about Dr. Oz, the red-hat psycho we now know as “Ye,” and even Tiger Woods, who should have died in that car accident and would have been outed for driving under the influence, if the California Sheriff hadn’t given him a pass. And his young son, from his actions on the green, to me exemplified what a spoiled, entitled brat he is. Just like his Daddy was. It makes me sick how we can forget about the criminal actions of our sports heroes and pay them outrageous salaries, while our school teachers struggle to make ends meet... America is dying right under our noses.
Michael Flynn sues January 6 committee to block phone records subpoena And this buffoon was a decorated general? America is rotting from within. We don’t need $800 bil a year for defense from external adversaries. They just have to be patient. We will topple ourselves.
After watching the Hollywood congressional hearings.
I just can’t imagine that Republicans could possibly be aware that the Republican party is paying for all for of his legal charges from rape, all the way to embezzlement and fraud. Most all of it has nothing to do with politics it’s criminal lawsuits. The man is a grifter to the max. And the Republicans keep paying for his bullshit.
It is "We the people" that are being hurt by the corrupt politicians. Congress isn't doing anything about them or their deeds. Let's start there! They are not very good at over seeing their members that are getting wealthier yearly from their corrupt behaviors because of their positions in government.
McConnell says Jan. 6 committee's findings are 'something the public needs to know' McConnell’s interest in the investigation is notable given that he had opposed the creation of a bipartisan Jan. 6 commission, calling the idea “slanted and unbalanced.” To qualify as a member of the gop you must have DID - disassociate identity disorder!
There you have it that little jackass weasel named Roger stone wouldn’t be pleading the fifth if he wasn’t guilty and had something to hide. The circle jerk has Nixon tattooed on his back what kind of an idiot we do that the only president forced out of office for lying, oh wait a minute Rodger still likes liars and lying. That’s why he loves Trump and other born liar.
At this point it’s completely obvious that Jim Jordan and Donald Trump and many others are guilty of trying to overthrow the government of the United States. They should all be tried for treason. This cannot be allowed to stand. If it is it will happen again and a tyrant will take over this country like the tyrant who just tried to do it. All these people need to be locked up and tried for treason.
We just spent hundreds of billions of dollars on our military to protect our democracy. You know what the biggest threat to our democracy is? Republicans
“The Republican party of 2021, and especially its leaders, have now abandoned those principles. At a national level, they have refused to accept the legitimacy of the 2020 election results, and encouraged or condoned violence. At a state level, they have abused their power to change the rules in ways that restrict voting rights. Though these anti-democratic sentiments have been building within the ranks of the party for years, the events of 2021 mark the transformation of the Republican party into a genuinely illiberal party, and a grave threat to the continuation of American democracy as we’ve known it.”
Jim2324, Frank-001, Kathleen T, Louise: Thanks for the positive feedback. Louise, I was contacted by someone in the local Democratic Party about running for office. No, No way, Nada. I appreciate your comment, but I am no politician. I am too old and too cranky and would not last long in politics if I had to play nice with schemers, greedy self-serving bullcrap, or morons who cannot even try to see the forest instead of the trees. … … … Here at least, I can edit my initial comments (almost all of the time) to cover most of the rage I have over the evolving changes in our political processes and procedures to support the politicians and political parties in lieu of the supporting the people. The people grant our National politicians great powers in return for the privilege to represent them. I don’t think that most politicians see their role primarily to serve the people - instead they serve their party and themselves so the funds available to the party cannot be used to falsely ‘convict’ members in the public eye who do not ‘snap-to’ to endorse the party line. I would not last long in that environment. Besides, I really would not want to try.
Contempt of Congress is Jim Jordan, Mark Meadows, Kevin McCarthy, Devin Nunes, Roger Stone, Steve Bannon, Donald Trump, Mitch McConnell, Matt Gaetz, Marjorie Taylor Greene, Fox "News," Ron Johnson, Josh Hawley, Ted Cruz, Peter Navarro, John Eastman, Jeffrey Clark, Lauren Boebert, Louis Gohmert, Paul Gosar -- oh, it's a long, long, shameful, nauseating definition.
You go, Surender! 😊❤️😊❤️
Charge trump with treason. Obstructing Justice
The real question that begs an answer & accountability is what is contempt of the people!? Yes the prior admin, congress and scotus are in contempt of the people They are not ‘law makers’ but law breakers as amply evident from millions of data points gathered and yet we go around in dazed circles wondering what to do? Stop this circus and lame ‘slap on the wrist’ excuses! They need to be prosecuted swiftly as per standing law and punished to the full extent as the TOP priority IF we are going to regain any credibility as a country of laws
Of course Congress did the right thing charging Mark Meadows with contempt. As he would have done when he was a member of Congress. Somehow the Republican members of congress other than Cheney and Kinzinger need to be honest with themselves and uphold their oath to protect the Constitution rather than a disgraced liar. Amazing to me was Jim Jordan saying that this was not about Mark Meadows - it is about Donald Trump. Of course it is!! Trump incited the crowd to march on the Capitol and when the crowd rioted, refused to do anything about it. Grow a backbone and some honesty!!!
I believe that it is Largely a photo opportunity unless the justice department decides to move forward and actually do something.
If your entire shtick is that government cannot be trusted, then get the fuck out of government. This applies to every single cultist Congressional Republican scumbag who voted against Biden’s certification as president. It applies to every traitorous asshole on the Hill still defending tfg. GET. OUT. And you brainless idiots who continue to vote for these Nazis have nothing to say that anyone here needs to hear. You’re the problem, imbeciles. Go get a fucking clue.