Contempt of Congress facts for kids

Contempt of Congress means getting in the way of the United States Congress or its groups (called committees). Imagine Congress is trying to solve a puzzle, and someone hides a piece or refuses to tell them where it is. That's like contempt.

Long ago, trying to bribe a U.S. senator or U.S. representative was seen as contempt. Today, it usually means someone refuses to follow a subpoena. A subpoena is an official order from a committee. It asks people to share information, give a speech, or show important papers.

What is Contempt of Congress?

Contempt of Congress is when someone tries to stop the United States Congress from doing its important work. This work includes making laws and checking on how the government is run. It's like someone refusing to cooperate with a team project.

A Look Back in Time

The idea of contempt of Congress goes all the way back to the late 1700s. Back then, Congress felt it had the power to deal with people who tried to block its work. This was similar to how the British Parliament handled such issues.

Some early examples of people cited for contempt include:

• In 1795, Robert Randal was cited for trying to bribe a representative.
• In 1800, William Duane, a newspaper editor, refused to answer questions from the Senate.
• In 1812, Nathaniel Rounsavell, another newspaper editor, shared secret information with the public.

In 1821, the Supreme Court of the United States said that Congress needed the power to hold people in contempt. This was to make sure Congress could do its job without being stopped by rude or tricky actions.

Over time, bribing a politician became a separate crime. In 1857, Congress passed a law that made "contempt of Congress" a specific crime against the United States.

A famous case happened in 1934 during the Air Mail Scandal. William MacCracken was jailed for ten days. He had destroyed evidence that Congress had asked for. He tried to fight it in the Supreme Court but lost.

Sometimes, it can be hard for Congress to get people to cooperate. But they can ask the United States Department of Justice for help. Also, the President of the United States might be protected from contempt charges by something called executive privilege. This means the President can keep some information private.

Why Congress Needs Information

The Supreme Court said in 1957 that Congress has a right to investigate things. This is part of how they make good laws. The Court also said that all citizens have a duty to help Congress. This includes answering subpoenas and respecting Congress and its committees.

Congressional committees have the power to order people to give information or documents. This helps them understand different topics. A committee can issue a subpoena, or sometimes a smaller group (a subcommittee) or even just the chairman can do it.

For a congressional subpoena to be legal, it must meet three rules:

• First, the committee's investigation must be approved by its part of Congress (like the House or Senate).
• Second, the investigation must have a good reason related to making laws, even if it doesn't lead to a specific law.
• Third, the questions asked must be related to the topic the committee is allowed to investigate.

Courts usually don't get involved in stopping congressional subpoenas. This is because of a rule called the Speech or Debate clause. It protects members of Congress when they are doing their legislative work. This means that many legal rights you might have with a court order, like keeping lawyer-client talks secret, might not apply to a congressional subpoena.

How Congress Handles It

If someone refuses to give documents or speak, the committee can suggest that the person is in contempt. This suggestion can then go to the full House or Senate for a vote. If the House or Senate votes that the person is in contempt, they have a few ways to make the person cooperate.

Direct Action by Congress

One way is called "inherent contempt." In this process, Congress itself deals with the person. The person can be arrested by the Sergeant-at-Arms (the chief law enforcement officer for the House or Senate). They are then brought before Congress and can be punished, usually by being held until they agree to cooperate or until the session of Congress ends.

This direct method was last used by the Senate in 1934. It can take a lot of time, and the punishment can't last longer than that session of Congress. Because of this, Congress created a different process in 1857.

Legal Action Through Courts

Today, if Congress votes that someone is in contempt, the leader of that part of Congress (like the Speaker of the House) usually sends the case to the U.S. Attorney in Washington, D.C. It's the U.S. Attorney's job to then take the case to a grand jury.

Being found guilty of contempt of Congress is a misdemeanor crime. This means it's a less serious offense. The punishment can include a fine and jail time for up to a year.

Civil Lawsuits

The Senate also has a way to file a civil lawsuit against someone who is in contempt. This means they can ask a federal court to order the person to cooperate. If the person still refuses to obey the court's order, they can then be found in contempt of court. This can lead to more punishments from the court. This process has been used several times.

See also

• Contempt of court
• The Hollywood Ten
• Separation of powers under the United States Constitution