Sunday, December 10, 2023

Wrongful refusal to comply with a congressional subpoena

Article Title: Wrongful refusal to comply with a congressional subpoena
Snippet of Article: "...Under this statute the wrongful refusal to comply with a congressional subpoena is made punishable by a fine of up to $1,000 and imprisonment for up to one year. A committee may vote to seek a contempt citation against a recalcitrant witness. ...

To supplement this inherent power, Congress in 1857 adopted an alternative statutory contempt procedure. Sec. 2, infra. Thus, the House may either (1) certify a recalcitrant witness to the appropriate United States Attorney for possible indictment under this statute or (2) exercise its inherent power to commit for contempt by detaining the witness in the custody of the Sergeant-at-Arms. Manual Sec. 296. The statutory procedure is the one used in modern practice, but the ``inherent power'' remains available. In one instance, the House invoked both procedures against a witness. 3 Hinds Sec. 1672."

...Under the inherent contempt power of the House, the recalcitrant witness may be arrested and brought to trial before the bar of the House, with the offender facing possible incarceration.


Source: www.govinfo.gov

[tag] Federal Employee News, Federal Civil Service, refusal to comply with a congressional subpoena [/tag]