what does it mean to hold attorney general in contempt

What does it mean to hold someone in contempt?

 · But federal prosecutors, including all 93 U.S. attorneys, work for the attorney general and are under no legal obligation to pursue a contempt charge against him. As a 2019 Congressional Research Service report on enforcing congressional subpoenas explains, prosecutors have discretion, even when a statute uses mandatory language.

Can a federal prosecutor charge a federal Attorney General with contempt?

 · A 2012 dispute between the House Oversight and Government Reform Committee and Eric Holder, who was then serving as President Barack Obama’s attorney general, took seven years to resolve. (You can read a lot more about contempt of Congress in this 89-page report from the Congressional Research Service.)

What are the powers of Congress to hold someone in contempt?

 · Holding someone in contempt is meant as a punishment, or a way to coerce someone into complying with the demands of Congress. This authority is not specifically laid out in the Constitution, but is considered an implied power of Congress.

Can a person be prosecuted for contempt of court?

 · 1. What is contempt of Congress? Congress can vote to hold a person "in contempt" if that person refuses to testify, won't provide information requested by the House or the Senate, or obstructs an ...

What does it mean to be held in contempt?

Contempt of court is used when an individual intentionally disobeys a court order. In family law, if someone is held in contempt, he/she has violated a child support, spousal support, domestic violence protective order, child custody, and/or visitation order, which must then be enforced.

Who has been held in contempt of Congress?

Partial list of those held in contempt since 1975PersonSubcommittee/CommitteeChad Wolf, United States Secretary of Homeland SecuritySeptember 17, 2020 House Homeland Security CommitteeStephen K. BannonOctober 18, 2021 House Select Committee on the January 6 AttackMark Meadows19 more rows

What is the power of inherent contempt?

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. 3 Hinds Sec. 1685. At the trial of the witness in the House, questions may be put to the witness by the Speaker (2 Hinds Sec.

What is the punishment of 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, ...

Is obstructing Congress illegal?

Corruptly obstructing, influencing, or impeding an official proceeding is a felony under U.S. federal law.

Can the Supreme Court hold someone 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.

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.

What is contempt of court?

Contempt of court is behavior that opposes or defies the authority, justice, and dignity of the court. Contempt charges may be brought against parties to proceedings; lawyers or other court officers or personnel; jurors; witnesses; or people who insert themselves in a case, such as protesters outside a courtroom. Courts have great leeway in making contempt charges, and thus confusion sometimes exists about the distinctions between types of contempt. Generally, however, contempt proceedings are categorized as civil or criminal, and direct or indirect.

How does contempt of court end?

Civil contempt proceedings end when the suit from which they arose is resolved. Criminal contempt continues as a separate matter. Settlements may involve jail time, fines, or other retribution. For instance, when the Cable News Network (CNN) was found guilty of contempt of court for airing audiotapes related to the trial of Manuel Noriega, the deposed president of Panama, the network was given the choice of airing a retraction and an apology for using the tapes or paying a large fine. The network made the apology.

Why did Wright find the President in contempt?

Accordingly, Judge Wright found the president in contempt for giving "false, misleading and evasive answers that were designed to obstruct the judicial process" at a deposition over which she personally presided. Jones v. Clinton, 36 F. Supp. 2d 1118 (E.D. Ark. 1999). Although Clinton maintained that his "inti-mate" relationship with Lewinsky did not constitute "sexual" relations, Wright said that it is difficult to construe "the president's sworn statements … as anything other than a willful refusal to obey this court's discovery orders." Jones v. Clinton 36 F. Supp. 2d 1118 (E.D. Ark. 1999).

What conflict was the first amendment?

The conflict between Congress's investigative powers and the First Amendment surfaced again in 1992 when Nina Totenberg, a National Public Radio correspondent, refused to answer questions of a Senate special counsel about how she obtained confidential documents related to the nomination of Clarence Thomas to the U.S. Supreme Court. Totenberg had earlier revealed that the Senate Judiciary Committee was looking into accusations that Thomas had sexually harassed members of his staff. The charges led to public testimony by law professor anita hill. A Senate special counsel asked to have Totenberg held in contempt when she refused to reveal who leaked information about the charges to her. The request was denied by the Senate Rules Committee because of its potential "chilling effect on the media."

What are the requirements for contempt of court?

In its decisions since World War II, the Supreme Court has outlined requirements that Congress must meet before it can compel testimony. The investigation must have a valid legislative purpose. It must be conducted by a committee or subcommittee of the House of Representatives or Senate, or the authority of the investigating body must be clearly defined in a resolution. The questions asked of witnesses must be pertinent to the subject of inquiry. Contempt proceedings cannot be used to harass an individual or organization. Finally, before individuals can be held in contempt, they must willfully default, either by failing to appear before the investigating body or by refusing to answer pertinent questions.

How to determine if someone is contemptuous?

The manner in which an act is committed or the tone in which words are spoken can determine whether contempt has occurred. Circumstances, such as the context in which the words were spoken, the tone, the facial expression, the manner, and the emphasis, are also evaluated by the court. Failure to complete an act that, if completed, would tend to bring the court into disrespect does not preclude the act from being contemptuous.

What is indirect contempt?

Indirect contempt occurs outside the presence of the court, but its intention is also to belittle, mock, obstruct, interrupt, or degrade the court and its proceedings. Attempting to bribe a district attorney is an example of an indirect contempt. Publishing any material that results in a contempt charge is an indirect contempt. Other kinds of indirect contempt include preventing process service, improperly communicating to or by jurors, and withholding evidence. One man was threatened with contempt charges because he had filed more than 350 lawsuits that the judge considered frivolous. Indirect contempt also may be called constructive or consequential contempt; all three terms mean the same thing.

What is the power of Congress to hold someone in contempt?

Congress' power to hold someone in contempt may be used to "coerce compliance" with its demands, punish a person or remove an obstruction to the inquiry or proceeding, according to the Congressional Research Service. The authority is not specifically laid out in the Constitution, but it is considered an implied power of Congress, ...

What would Congress do with a civil contempt citation?

With a civil contempt citation, Congress would basically sue Barr in district court.

Can a federal prosecutor pursue a criminal contempt charge against Barr?

Attorney for the District of Columbia, federal prosecutors would be unlikely to pursue charges against their boss. The contempt resolution is unlikely to result in any substantive action against Barr given the recent history of how contempt charges have played out in the court system.

How many chambers are needed to approve a contempt resolution?

Only a simple majority is needed to advance the contempt resolution, and only one chamber needs to approve the measure for a person to be prosecuted for contempt.

Who was the White House counsel in 2008?

In 2008, a Democrat-controlled House voted to hold President George W. Bush's former White House counsel Harriet Miers and chief of staff Josh Bolten in contempt after the White House, citing executive privilege, directed them not to comply with subpoenas for documents related to a congressional investigation into the firing of several U.S. attorneys.

Did the Obama administration prosecute Holder?

The Obama Justice Department would not prosecute Holder, resulting in a protracted legal battle; it wasn't until January 2016 that a federal judge ordered the Justice Department to produce some documents. The Obama administration appealed, and the case lingered until President Donald Trump took office.

Why did Republicans hold Eric Holder in contempt?

When Republicans controlled the House in 2012, they voted to hold President Barack Obama's attorney general, Eric Holder, in contempt over the administration's refusal to turn over documents related to the Fast and Furious gun-walking scandal. The Obama Justice Department would not prosecute Holder, resulting in a protracted legal battle;

What would happen if the House approves a contempt charge?

So, what might happen to Barr? If the House approves a contempt charge, the most viable option would be a civil citation, which would likely set up a contentious court battle. And, as with the case of Holder, this could take some years to resolve.

What is the penalty for contempt of court?

The criminal law dates to the 1930s and carries penalties up to a $1,000 fine and a year in jail.

Do prosecutors have discretion?

As a 2019 Congressional Research Service report on enforcing congressional subpoenas explains, prosecutors have discretion, even when a statute uses mandatory language. Recent history is sprinkled with such decisions involving both Republican and Democratic administrations.

Can a federal prosecutor be charged with contempt of Congress?

Attorney's Office for the District of Columbia, which can seek an indictment from a grand jury. But federal prosecutors, including all 93 U.S. attorneys, work for the attorney general and are under no legal obligation to pursue a contempt charge against him.

Which court has repeatedly upheld Congress' authority to investigate if it involves legislative function?

The U.S. Supreme Court has repeatedly upheld Congress’ authority to investigate if it involves “legislative function,” such as passing of laws or monitoring the actions of government. As early as 1880, in Kilbourn v. Thompson, the Supreme Court suggested Congress may compel testimony akin to a court of law if the congressional chamber has “jurisdiction to inquire.”

What is the conflict between the President and Congress?

The conflict relates to the authority of Congress to investigate the president, or any part of the executive branch. While the U.S. Constitution says nothing about congressional investigations and oversight, the U.S. House of Representatives Office of the Historian explains the authority to conduct investigations is implied since the Constitution grants Congress “all legislative powers.” Historians cite the words of George Mason at the Constitutional Convention in 1787 when he said that members of Congress “are not only legislators but they possess inquisitorial powers. They must meet frequently to inspect the conduct of the public offices.”

Did the AGs refuse to turn over documents subpoenaed?

Both AGs had refused to turn over documents subpoenaed as part of a House investigation. Given that Holder ultimately did not face any legal sanctions, what could that mean for Barr?

What is contempt of court?

Contempt of court includes misconduct in the presence of a court, including any action that interferes with a judge’s ability to administer justice. Contempt also includes any behavior that insults the court. Contempt is punishable by fine or imprisonment or both.

What happens if a plaintiff wins a civil contempt suit?

If the plaintiff wins a civil contempt suit, he or she may be entitled to attorneys fees. Examples of violating a court order include failure to pay child support or failure to follow a restraining order.

What are the two types of contempt?

What Are the Different Types of Contempt? There are two basic types of contempt of court. The first type is criminal contempt, which may be further divided into direct and indirect contempt. Direct contempt is when a person acts disruptively in a court room and the judge uses his authority to summarily declare that person to be in contempt of court.

Is there a criminal trial for indirect contempt?

No criminal trial is needed for such a charge. Indirect criminal contempt is a charge brought by a prosecutor against a defendant who has willfully violated a court order. To convict a defendant of indirect criminal contempt, all criminal procedural protections are attached, including proving the contempt beyond a reasonable doubt.

Who is the attorney general in contempt of Congress?

Sabrina Siddiqui in Washington. Democrats on the House judiciary committee voted on Wednesday to hold the attorney general, William Barr, in contempt of Congress, intensifying the conflict between Donald Trump’s administration and the legislative branch of the US government.

Who is in contempt of Congress?

Democrats on the House judiciary committee voted on Wednesday to hold the attorney general, William Barr, in contempt of Congress, intensifying the conflict between Donald Trump’s administration and the legislative branch of the US government.

Who was the former counsel for the White House?

This week alone, the White House instructed its former counsel, Don McGahn, not to comply with a subpoena to testify before Congress, while the treasury secretary, Steven Mnuchin, denied a request from the House ways and means committee to release Trump’s tax returns.

What did Nadler say before the contempt vote?

Before holding the contempt vote on Wednesday, Nadler said the Trump administration’s stonewalling of his committee’s requests amounted to a “constitutional crisis”.

Who approves the contempt resolution against Barr?

But first, the full House chamber must approve the contempt resolution against Barr – which it likely will under Democratic control.

Can Congress start contempt proceedings against individuals?

Members of Congress can begin contempt proceedings against individuals over the failure to comply with a subpoena – which in this case was Barr’s refusal to give US lawmakers access to the full Mueller report.

Contempt of Court

• Contempt of court is behavior that opposes or defies the authority, justice, and dignity of the court. Contempt charges may be brought against parties to proceedings; lawyers or other court officers or personnel; jurors; witnesses; or people who insert themselves in a case, such as protesters outside a courtroom. Courts have great leeway in making ...

See more on legal-dictionary.thefreedictionary.com

Criticisms of The contempt-of-court Power

Contempt of Congress

Contempt Proceedings Against President Clinton