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In reply to the discussion: I'm sorry, but some apparently need to hear this in VERY simple terms: [View all]BumRushDaShow
(128,911 posts)60. It's an old-fashioned term for a "summons" - the term isn't only or strictly applied to courts.
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
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 cant be enforced, then Congress isnt 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 Senates 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 Lawfares Benjamin Wittes notes, asserting inherent contempt power in this way hasnt been deployed in a long time, and its not 100 percent clear that courts would tolerate it. But theres a risk that runs in the other direction: If the stonewalling of the current administration, and Congresss acquiescence so far, wind up demonstrating that theres nothing the legislative branch can do to enforce its power, then its 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/
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 Senates 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 Lawfares Benjamin Wittes notes, asserting inherent contempt power in this way hasnt been deployed in a long time, and its not 100 percent clear that courts would tolerate it. But theres a risk that runs in the other direction: If the stonewalling of the current administration, and Congresss acquiescence so far, wind up demonstrating that theres nothing the legislative branch can do to enforce its power, then its 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/
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I'm sorry, but some apparently need to hear this in VERY simple terms: [View all]
Atticus
Oct 2019
OP
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
Am on your same wave-length as to timing. Two is minimum # of Impeachment Articles ......
MFGsunny
Oct 2019
#28
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
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
So, Inherent Contempt seems to offer an enforcement tool not tried since 1935. U.S. Capitol Police
ancianita
Oct 2019
#24
Congress is not their arena. DU discussed this over a year ago, but I can't find the thread.
ancianita
Oct 2019
#35
I don't think it lacks one, it's more like enforcement across branches has historical lanes.
ancianita
Oct 2019
#41
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
Have you read post #24 above? It is uncontoverted that the inherent contempt power
Atticus
Oct 2019
#40
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
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
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