Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(128,911 posts)
60. It's an old-fashioned term for a "summons" - the term isn't only or strictly applied to courts.
Wed Oct 9, 2019, 01:43 PM
Oct 2019

In this case, it's a step above a "written invitation" or "request" that Congress normally sends out to ask someone to testify in a hearing. And note that not all hearings are "under oath" either.

Over the past couple centuries, the courts have slowly filled in the pieces of how these are handled when it comes to Congress. At some point the person refusing to comply can be held for "Contempt of Congress", which has associated case law that goes along with that -

Contempt of Congress

Definition

Congress has the authority to hold a person in contempt if the person's conduct or action obstructs the proceedings of Congress or, more usually, an inquiry by a committee of Congress.

Contempt of Congress is defined in statute, 2 U.S.C.A. § 192, enacted in 1938, which states that any person who is summoned before Congress who "willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry" shall be guilty of a misdemeanor and subject to a maximum $1,000 fine and 12 month imprisonment.

Before a Congressional witness may be convicted of contempt, it must be established that the matter under investigation is a subject which Congress has constitutional power to legislate.

Generally, the same Constitutional rights against self-incrimination that apply in a judicial setting apply when one is testifying before Congress.

Caselaw

Quinn v. U.S., 349 U.S. 155, 75 S. Ct. 668, 99 L. Ed. 964, 51 A.L.R.2d 1157 (1955).

Fields v. U.S., 164 F.2d 97 (App. D.C. 1947).

https://www.law.cornell.edu/wex/contempt_of_congress


And in order to declare the above, the conditions need to be met. What has generally happened in the past is that as they move forward towards the contempt citation, the refuser has generally started providing something. It has rarely gone as far as the intransigence that we are starting to see with this administration, so the options have rarely been tested to their full extent.

There was an interesting piece about all this written by Bill Clinton's former Chief Counsel Jack Quinn in WaPo (he's been on the cable shows as a contributor). He sortof covered the delicate balance that needs to be taken into consideration -

If contempt of Congress can’t be enforced, then Congress isn’t a co-equal branch

By Jack Quinn
September 24, 2019 at 2:57 p.m. EDT

/snip

“Historically, the House and Senate relied on their own institutional power to not only enforce congressional subpoenas, but also to respond to other actions that either house viewed as obstruction their legislative processes or prerogatives.” In 1927, in a case involving the Teapot Dome scandal, the high court upheld the Senate’s power to arrest and jail a witness, the brother of then-Attorney General Harry Daugherty, for refusing to appear. Recalling Watergate, Jonathan C. Rose, a former aide to President Richard M. Nixon, argued Monday that “to command the attention of the Trump White House, the actual arrest of an appropriate witness or two might well be required.”

If that seems drastic — and I concede it would be appropriate only in rare situations — Congress can and should at least impose stiff financial penalties on misbehaving witnesses. There are logistical impediments, certainly, to the House directing its sergeant at arms to go out and arrest members of the executive branch, and if they tried, it could set up a new constitutional crisis within an existing one.

As Lawfare’s Benjamin Wittes notes, asserting inherent contempt power in this way “hasn’t been deployed in a long time, and it’s not 100 percent clear that courts would tolerate it.” But there’s a risk that runs in the other direction: If the stonewalling of the current administration, and Congress’s acquiescence so far, wind up demonstrating that there’s nothing the legislative branch can do to enforce its power, then it’s difficult to say that we have an effective system of checks and balances — one of the ideas that animates our system of government.


Executive privilege disagreements are fought out in this area of delicate constitutional balance. As White House counsel during the days when then-Speaker Newt Gingrich (R-Ga.) tortured the Clinton administration with specious investigations, I personally engaged in a number of those battles: The House Oversight and Reform Committee once voted to hold me in criminal contempt when we were simply unable to compromise on a committee request for documents. The issue was eventually resolved, in part with the help of a GOP congressman also named Jack Quinn. He would joke that his constituents were outraged that their representative went to work for President Bill Clinton.

https://www.washingtonpost.com/outlook/2019/09/24/if-contempt-congress-cant-be-enforced-then-congress-isnt-co-equal-branch/
Agreed... N_E_1 for Tennis Oct 2019 #1
How about Obstruction of Justice tavalon Oct 2019 #2
Yes, they've got the goods on him for sure, BUT, let the clock run a bit longer. Texin Oct 2019 #20
Yep, and refusing to testify can be taken as circumstantial evidence of corrupt intent William Seger Oct 2019 #46
Does the president have the right to block someone from testifying in front of Congress? Maraya1969 Oct 2019 #53
They would testify anyway unblock Oct 2019 #3
We have had lawyers in court all morning working to get document. TidalWave46 Oct 2019 #4
Yeah, tavalon Oct 2019 #5
I had to check the Guardian after that comment, and you're right! deurbano Oct 2019 #15
Hear! Hear! n/t MFGsunny Oct 2019 #25
Dragging this out does not help Democrats, gab13by13 Oct 2019 #6
Welcome to DU orangecrush Oct 2019 #14
Am on your same wave-length as to timing. Two is minimum # of Impeachment Articles ...... MFGsunny Oct 2019 #28
It won't matter how solid evidence is to some.... getagrip_already Oct 2019 #7
Nothing but obstruction! SCVDem Oct 2019 #8
Can Congress issue bench warrant for failure to appear MyMission Oct 2019 #9
That's my question too Bradical79 Oct 2019 #18
Is checking the boxes actually worthwhile? progressoid Oct 2019 #10
Once McConnell decideds to hold the trial gab13by13 Oct 2019 #11
*IF* McConnell decideds to hold the trial progressoid Oct 2019 #13
Due process is important to punch holes the the 'witch hunt' lies. bigbrother05 Oct 2019 #16
Impeachment is required. We can't set a precedent that condones so many crimes. Garrett78 Oct 2019 #61
That's exactly the kind of enforcement the House has. Why doesn't it use it? Are they serious about ancianita Oct 2019 #12
They don't really. There is no little mini-jail anymore. That has been gone for decades. n/t pnwmom Oct 2019 #21
Then what. is. the. point. There IS no protecting and defending the Constitution from scofflaw rule ancianita Oct 2019 #22
It's building evidence for an impeachment article on obstruction. n/t pnwmom Oct 2019 #26
Evidence. Yes. Being Right. Yes. Enforcement of the Right and Rule of Law. No. Only hope, that ancianita Oct 2019 #30
Can the committees complain to the bar with a view to having obstructive lawyers...Barr, Karadeniz Oct 2019 #17
Sure. Letters can be written to the state bars that issued Barr's and WH counsel law licenses. ancianita Oct 2019 #44
yes cooling their heels in the crowbar hotel will do wonders for them vlyons Oct 2019 #19
Judges' orders and subpoenas mean nothing to them. Garrett78 Oct 2019 #23
So, Inherent Contempt seems to offer an enforcement tool not tried since 1935. U.S. Capitol Police ancianita Oct 2019 #24
Thanks! Newest Reality Oct 2019 #32
... ancianita Oct 2019 #34
Is this not one of the functions of the U.S. Marshall Service?? HelpImSurrounded Oct 2019 #27
Congress is not their arena. DU discussed this over a year ago, but I can't find the thread. ancianita Oct 2019 #35
Well, that's a new one on me. HelpImSurrounded Oct 2019 #38
I don't think it lacks one, it's more like enforcement across branches has historical lanes. ancianita Oct 2019 #41
"Do you want to be a witness or a defendant?" Hermit-The-Prog Oct 2019 #29
Where is this cell that is reserved? They got rid of the Congressional jail decades ago. pnwmom Oct 2019 #31
First, it is my understanding that the Capitol Police have cells which could be used, Atticus Oct 2019 #33
"They" consist of two parties, and the party that controls the Senate won't agree. pnwmom Oct 2019 #36
So, you understand that the Senate can govern how the House exercises and enforces its Atticus Oct 2019 #37
I have looked more than once for a solid source that explains how pnwmom Oct 2019 #39
Have you read post #24 above? It is uncontoverted that the inherent contempt power Atticus Oct 2019 #40
That's when we still had the jail. It's gone now. n/t pnwmom Oct 2019 #42
As I said in #33 above, I don't see that as a problem, but I am not an expert in this Atticus Oct 2019 #43
I trust Nancy to find a way, if there is one. And to use this power, if it still exists, pnwmom Oct 2019 #45
Didnt Ken Starr do the same? So why dont they do it now? oldsoftie Oct 2019 #47
I will say, very plainly, that if we do not succeed warmfeet Oct 2019 #48
There has been some guidance on exercise of inherent contempt LTG Oct 2019 #49
Thanks for that. nt Atticus Oct 2019 #50
If you or I were subpoenaed to testify in court doc03 Oct 2019 #51
Because Congress is not a "court" BumRushDaShow Oct 2019 #54
Do you have any ballpark estimate of just how long it will take for a court to assist in enforcing Atticus Oct 2019 #55
Oddly enough, I just got done reading an article and closing it out before I saw your post BumRushDaShow Oct 2019 #56
I very much hope you are correct in your "expectation". Thanks. nt Atticus Oct 2019 #57
You and me both!!!!!! BumRushDaShow Oct 2019 #58
What's the point of calling it a "subpoena" if they can't or won't enforce it? BlueStater Oct 2019 #59
It's an old-fashioned term for a "summons" - the term isn't only or strictly applied to courts. BumRushDaShow Oct 2019 #60
You are probably right Buckeyeblue Oct 2019 #52
Latest Discussions»General Discussion»I'm sorry, but some appar...»Reply #60