what does contempt of congress mean as attorney general holder?

What does holding someone in contempt of Congress mean?

Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a U.S. senator or U.S. representative was considered contempt of Congress.

What happens if you disobey a congressional subpoena?

2 . Statutory Contempt Procedure Generally An alternative statutory contempt procedure was enacted in 1857. 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.

What does it mean to have the power of contempt?

Contempt power means the power of public institutions such as Congress or a court to punish persons who show contempt for the process, orders, or proceedings of that institution. The contempt power aims to provide a means for a judge to uphold the dignity of the judicial process.

Who enforces a congressional subpoena?

(3) Accordingly, the Constitution secures to each House of Congress an inherent right to enforce its subpoenas in court.

What is the punishment for contempt of court?

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: —(1) Save as otherwise expressly provided in this Act or in any other law, ...

Can Supreme Court hold people in contempt?

Contempt of court can also be classified as civil contempt or criminal contempt. Jurisdictions have articulated their distinctions differently, but the Supreme Court has held that whether a contempt proceeding is criminal or civil depends on the substance of the proceeding and character of relief.

How long can you be held in contempt of court in the USA?

In such cases, the offending person or corporation may be punished by both fine and imprisonment. In those cases where by accused is a natural person, however, the term of imprisonment shall not exceed six months, and the amount of any fine paid to the United States shall not exceed $1,000.

Who has the power of contempt?

Article 129[8] – Grants Supreme Court of India, the power to punish for contempt of itself. Article 142(2)[9] – Enables the Supreme Court of India, to investigate and punish any person for its contempt. Article 215[10] – Grants every High Court the power to punish for contempt of itself.

What is the significance of subpoenas to the work of Congress?

When Congress finds an inquiry blocked by the withholding of information by the executive branch, or where the traditional process of negotiation and accommodation is inappropriate or unavailing, a subpoena—either for testimony or documents— may be used to compel compliance with congressional demands.

Can you refuse a subpoena?

Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both.

Can a member of Congress be subpoenaed?

While Members of Congress typically testify voluntarily before committees when asked, in recent years the House Ethics Committee has issued a number of subpoenas to Members of Congress for testimony or documents. Historically, members have also been subpoenaed to provide information in other House investigations.

What are reasons to get out of a subpoena?

Avoidance. A subpoena must be served by someone personally delivering a copy of it to you. ... Objection. A person that is subpoenaed to produce or inspect documents or other material may slow the process by objecting to the subpoena in writing. ... Undue Burden. ... Priveleged Information.

Why did Holder get held in contempt of Congress?

The GOP-led House voted Thursday to hold Attorney General Eric Holder in contempt of Congress for failing to provide key information pertaining to Operation Fast and Furious, making Holder the first sitting Cabinet member to be held in contempt.

What is the purpose of criminal contempt vote?

The criminal-contempt vote is supposed to direct a U.S. attorney to convene a grand jury to review the case and decide whether to indict Holder.

What is the second contempt vote?

The vote, which holds the attorney general in criminal contempt, was followed by a second vote that held Holder in civil contempt of Congress. The civil contempt vote allows Congress to go to court to seek additional documents.

Who argued that Republicans were more politically motivated in attacking Holder than getting to the bottom of the failed operation?

Minority Leader Nancy Pelosi argued House Republicans were more politically motivated in attacking Holder than getting to the bottom of the failed operation.

Did the House Republicans stop the contempt votes?

Several meetings involving Obama administration officials and House Republicans, which involved negotiations about releasing additional documents, failed to stop the contempt votes.

What are the challenges of holding someone in contempt of Congress?

If an official refuses to disclose information after the President says it's protected under executive privilege, "past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt ," the Congressional Research Service said.

Who can certify a contempt citation?

2) Congress can certify a contempt citation to the executive branch -- headed by the President -- to try to get the person criminally prosecuted.

What happens if Barr resists the Democrats?

If things continue to escalate, and Barr continues to resist Democrats' demands about the Mueller report, the country's top law enforcement officer could be found in contempt of Congress.

What is it called when you can tell the Senate to detain someone?

This is called "inherent contempt." But it's super rare and hasn't happened in modern times.

What happens if an official refuses to disclose information after the President says it's protected under executive privilege?

If an official refuses to disclose information after the President says it's protected under executive privilege, "past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt, " the Congressional Research Service said.

What does it mean to disobey a committee?

Sometimes that disobedience means refusing to appear before a committee to testify, and sometimes that means refusing to pony up requested documents.

Can the executive branch help with contempt?

It can also be hard to get the executive branch to help. If the person in contempt is an executive branch official, efforts to punish him or her for not complying with a subpoena fail in many cases, the research center said.

How many Republicans voted against the contempt of Congress?

The final vote for criminal contempt was 255-67, with only two Republicans voting "no." 108 Democrats abstained from voting on what they have long argued is a politically motivated stunt. This was the first time a sitting cabinet member had been held in contempt of Congress. The matter will now go before a grand jury to determine whether or not the Attorney General will be charged with a federal crime.

Is the National Rifle Association scoring the contempt vote?

The following day, the National Rifle Association announced that they would be scoring the contempt vote, possibly swaying Democrats in pro-gun districts to vote for contempt, or at least avoid voting against.

Who is the contempt issue handed to?

In legal terms the vote is of doubtful practical significance as the contempt issue will now be handed to the US attorney for the District of Columbia – a prosecutor who, as an official within Holder's department of justice, is unlikely to proceed with a case against his own employer.

Who was the first sitting president to be held in contempt of Congress?

The attorney general Eric Holder has become the first sitting member of a president's cabinet in US history to be held in contempt of Congress after Republicans vented their fury over a bungled gun-tracking investigation.

What did Holder say about the contempt vote?

Holder delivered an angry statement about 20 minutes after the contempt vote, accusing the Republican leadership of engaging in "election-year politics and gamesmanship". He said the charges against him were "unnecessary and unwarranted" and insisted that as soon as he learnt about flawed tactics of Fast and Furious he had taken action to stop it and make sure such methods were never used again.

What was the criminal contempt resolution?

The criminal contempt resolution, passed by 255 to 67, with most Democrats walking out of the chamber en masse before the vote, related to Operation Fast and Furious, a federal investigation launched in Arizona designed to ensnare gun smugglers involved with the Mexican drug cartels. Thursday's vote was of symbolic value, ...

What did Eric Holder say after the vote?

Eric Holder gave a statement after the vote and said the Republican leadership was engaging in 'election-year politics and gamesmanship'. Photograph: AP

Why did Obama invoke executive privilege?

Last week Obama invoked executive privilege to block the disclosure of the internal documents.

When did Holder write to his officials?

On 23 February, three weeks after the administration denial had been made , Holder wrote to his officials following new revelations in the media to say: "We need answers on this. Not defensive BS. Real answers.".