Contempt of Congress is the misdemeanor act of obstructing the work of the United States Congress or one of its committees. It most commonly refers to the refusal to comply with a congressional subpoena, which may demand testimony or the production of documents relevant to an investigation or inquiry
. This power is not explicitly stated in the U.S. Constitution but is considered an implied power necessary for Congress to effectively carry out its legislative duties
. Historically, contempt of Congress included acts like bribing members of Congress or refusing to answer inquiries, but today it mainly involves defying subpoenas or obstructing congressional investigations
. When a person is held in contempt of Congress, Congress may take several actions:
- Inherent Contempt : Congress can arrest and detain the individual itself, though this has not been used since 1934 due to its time-consuming nature and limited duration of punishment
- Criminal Contempt : Congress can refer the matter to the Department of Justice for prosecution under federal law, which can result in fines up to $100,000 and imprisonment from one to twelve months if convicted
- Civil Contempt : Congress may file a lawsuit in federal court to compel compliance with its subpoenas if criminal prosecution is declined
While a contempt citation by Congress does not automatically impose legal penalties, it carries significant political and legal consequences, and it is a tool used to enforce congressional authority and maintain the integrity of legislative investigations
. In summary, contempt of Congress means willfully obstructing or refusing to cooperate with Congress's investigative or legislative functions, typically by ignoring subpoenas, which can lead to legal and political repercussions
