Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. While historically the bribery of a Senator or Representative was considered "contempt of Congress," in modern times a person must refuse to comply with a subpoena issued by a Congressional committee or subcommittee - usually seeking to compel either testimony or documents - in order to be considered in "contempt of Congress." Type Bicameral Houses Senate House of Representatives United States Senate Majority Leader Harry Reid, D since January 4, 2007 Speaker of the House Nancy Pelosi, D since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of November 7, 2006 elections) Democratic Party Republican... A Congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Politics Portal      The United States Senate is one of the two chambers of the bicameral United States Congress, the... The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress; the other is the Senate. ... Look up Contempt in Wiktionary, the free dictionary. ... A subpoena is a writ commanding a person to appear under penalty (from Latin). ... A Congressional subcommittee in the United States Congress is a subdivision of a standing committee that considers specified matters and reports back to the full committee. ...

History

In the late 1790s, contempt of Congress was considered an "implied power" of the legislature. Early Congresses issued contempt citations against numerous individuals for a variety of actions. Some early instances of contempt of Congress included citations against: Events and Trends French Revolution (1789 - 1799). ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ...

• Robert Randall, for an attempt to bribe Representative William Smith of South Carolina 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, 19 U.S. (6 Wheat.) 204 (1821) 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. Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32°430N to 35°12N... 1795 was a common year starting on Thursday (see link for calendar). ... William John Duane (May 9, 1780 - September 27, 1865) was a U.S. (Irish-born) lawyer. ... // ON MAY 5 1853 MR.FADER HAD SEX WITH A MAN NAME MR WIEN THEN THEY HAD SON NAMEDMRS COTURE AND MR MANOOGIAN WENT INTO MRS HASKELLS OFFICE NAKED AND DANCED AROUND AND MASTERBATED ON HER CHEST AND SHE LICKED IT OFF THEN THEY HAD ORAL SEEX WITH NAPLOEAN OF... For the overture by Tchaikovsky, see 1812 Overture; For the wars, see War of 1812 (USA - United Kingdom) or Patriotic War of 1812 (France - Russia) For the Siberia Airlines plane crashed over the Black Sea on October 4, 2001, see Siberia Airlines Flight 1812 1812 was a leap year starting... The coronation banquet for George IV 1821 was a common year starting on Monday (see link for calendar). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... 1857 was a common year starting on Thursday (see link for calendar). ... Common stereotype of a criminal A crime in a broad sense is an act that violates a political or moral law. ...

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, or permit subcommittees or the Chairman (acting alone or with the ranking member) to issue subpoenas. A subpoena is a writ commanding a person to appear under penalty (from Latin). ...

As announced in Wilkinson v. United States, 365 U.S. 399 (1961), 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. 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 calendar). ...

The Court held in Eastland v. United States Servicemen's Fund, 421 U.S. 491 (1975) that Congressional subpoenas are within the scope of the "Speech and Debate clause" which provides "an absolute bar to judicial interference" with such compulsory process. Under that ruling, Courts generally do not hear motions to quash Congressional subpoenas; even when executive branch officials refuse to comply, the Courts tend to rule that such matters are "political questions" unsuitable for judicial remedy. Year 1975 (MCMLXXV) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. ... In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there...

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 for contempt is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subject to punishment that the House may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation.) 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 and Doorkeeper of the Senate is the law enforcer for the United States Senate. ...

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, against the Postmaster-General. After a one-week trial in the Senate floor (presided by the Vice-President of the United States, acting as Senate President), the Postmaster-General was found guilty and sentenced to 10 days imprisonment. A Postmaster General is the national politician in charge of the postal system of a country. ... The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ...

The Postmaster General had filed a petition of Habeas Corpus in federal courts to overturn his arrest, but after litigation, the US Supreme Court ruled that Congress had acted constitutionally, and denied the petition in the case Jurney v. MacCracken, 294 U.S. 125 (1945).[1]

Statutory proceedings

Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia[2]; according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action. United States Attorneys (also known as federal prosecutors) represent the U.S. federal government in United States district court and United States court of appeals. ... The United States District Court for the District of Columbia is the United States District Court that hears cases originating in the District of Columbia under Federal law. ... A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ...

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. Those penalties are enforced upon conviction, even if the Congress which initiated the contempt citation has expired.

The statutory procedure has generally been used by Congress since 1935. While the law pronounces the "duty" of the U.S. Attorney is to impanel a grand jury for its action on the matter, dispute exists over whether the Congress can properly compel the U.S. Attorney to take this action, as the U.S. Attorney is a member of the Executive Branch who ultimately reports to the President. (The Courts have been reluctant to decide this question, claiming it is a "political question" for resolution by the elected branches of government.)

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 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 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." Map of the boundaries of the United States Courts of Appeals and United States District Courts The United States district courts are the general trial courts of the United States federal court system. ... Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...

Partial list of those held in contempt since 1975

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Other legislatures

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.

See also

• Contempt of Parliament