Difference between revisions of "Contempt of Congress"
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While this statute is phrased as an unconditional obligation, the [[Fifth Amendment]] takes precedence over it. For this reason, many witnesses called to testify at Congressional hearings plead the Fifth Amendment and refuse to testify. | While this statute is phrased as an unconditional obligation, the [[Fifth Amendment]] takes precedence over it. For this reason, many witnesses called to testify at Congressional hearings plead the Fifth Amendment and refuse to testify. | ||
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| + | Historically, Congress has used three types of contempt citations, civil, criminal, and inherent. In criminal contempt, Congress refers the matter to the [[Attorney General]] for criminal prosecution. In civil contempt, Congress files suit in federal court to ask a judge to order compliance with Congress demands. If a judge orders the subject to comply with congressional demands, and the subject does not comply, that would be a [[contempt of court]] — not a contempt of Congress. | ||
==References== | ==References== | ||
Revision as of 01:08, June 12, 2019
"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." [1]
While this statute is phrased as an unconditional obligation, the Fifth Amendment takes precedence over it. For this reason, many witnesses called to testify at Congressional hearings plead the Fifth Amendment and refuse to testify.
Historically, Congress has used three types of contempt citations, civil, criminal, and inherent. In criminal contempt, Congress refers the matter to the Attorney General for criminal prosecution. In civil contempt, Congress files suit in federal court to ask a judge to order compliance with Congress demands. If a judge orders the subject to comply with congressional demands, and the subject does not comply, that would be a contempt of court — not a contempt of Congress.
