which attorney general has been held in contempt

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

Jul 02, 2012 · The Attorney General of the United States has been held in contempt of Congress, both civil and criminal. For the first time in our nation’s 236 year history, the top law enforcement officer of this country has seen fit to arrogantly ignore the mandates of Congress.

Will the House Judiciary Committee hold Attorney General William Barr in contempt?

Dec 23, 2015 · 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...

What is 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...

Can a person be prosecuted for contempt of court?

Jun 28, 2012 · Bill Haber/AP WASHINGTON — The House on Thursday held Attorney General Eric Holder in criminal contempt of Congress for failing to provide documents related to a failed gun-tracking operation. It is the first time a sitting Cabinet member has been held in contempt. The vote was 255-67, with more than 100 Democrats boycotting.

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.

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 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.

What happened if Barr failed to meet the deadline?

If Barr failed to meet the deadline, Nadler threatened to schedule a vote in his committee to hold the attorney general in contempt. 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. ...

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”.

What is the redaction in the Mueller report?

The redactions cover classified information, as well as evidence that pertains to continuing criminal investigations. In an attempt to negotiate with the justice department, Nadler narrowed the scope of his committee’s request and asked the attorney general to work with Democrats to obtain the grand jury information contained in the Mueller report through a court order.

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.

Who is the chairman of the House oversight committee?

Representative Elijah Cummings, the chairman of the House oversight committee, said earlier this week: “There is no tool in our toolbox that we should not explore.”

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 cabinet member to be held in contempt?

Attorney general first sitting cabinet member to be held in contempt as 17 Democrats join Republicans to pass resolution. Eric Holder gave a statement after the vote and said the Republican leadership was engaging in 'election-year politics and gamesmanship'. Photograph: AP.

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.".

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.

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.”

Where would the House seek civil enforcement?

In the Barr situation, if criminal charges are rejected by the Justice Department, the House likely would seek civil enforcement in U.S. District Court in Washington, D.C. But a closer look at the Holder case underscores the challenges of that approach.

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.”

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?

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.

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 does it mean to be held in 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 inquiry by a congressional committee. Congress' power to hold someone in contempt may be used to "coerce compliance" with its demands, punish a person or remove an obstruction to ...

Why did Barr get contempt of Congress?

House Judiciary Committee Democrats voted Wednesday to hold Attorney General William Barr in contempt of Congress, citing a refusal by the Trump administration — which has asserted executive privilege — to provide lawmakers with an unredacted copy of special counsel Robert Mueller's report.

What would Congress do with a civil contempt citation?

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

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.

How many members of Congress can view Barr's report?

The same day, Nadler and other top Democrats rejected a limited offer from Barr to allow 12 members of Congress to view a less-redacted version of the report in person but prohibit them from discussing it with other members of Congress.

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 is contempt of Congress?

Act of obstructing the work of the United States Congress or one of its committees. 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.

How long is a contempt of Congress sentence?

The criminal offense of contempt of Congress sets the penalty at not less than one month nor more than twelve months in jail and a fine of not more than $100,000 or less than $100.

What amendment did Pagliano plead for?

House Committee voted, 19–15, to recommend Pagliano for a contempt resolution for failing to appear during a September 13 and 22, 2016, hearing after being subpoenaed and submitting a written Fifth Amendment plea in lieu of appearing in person.

What happened on April 26, 1983?

House Committee on Energy and Commerce. House of Representatives. Indicted for lying to Congress; convicted; sentenced to 6 months in prison, 5 years probation thereafter, and a fine of $10,000.

What happens if a person refuses to comply with the Senate's order?

If the subject then refuses to comply with the Court's order, the person may be cited for contempt of court and may incur sanctions imposed by the Court. The process has been used at least six times.

What is the procedure for holding a person in contempt?

Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment, imprisonment for coercion, or release from the contempt citation).

What happens if a committee refuses to testify?

Procedures. Following the refusal of a witness to produce documents or to testify, the committee is entitled to report a resolution of contempt to its parent chamber. A Committee may also cite a person for contempt but not immediately report the resolution to the floor.