Oddball
Unobtanium Member
Let's ask Peter Navarro and Steve Bannon about what happens if you tell congress to **** off.View attachment 1205518
Must Someone Comply With a Congressional Subpoena ?
Yes. If a congressional subpoena serves a valid legislative purpose, a party must generally comply with it.
The Court also affirmed that parties are legally obligated to comply with them unless they have a valid legal reason not to.
This might include:
Is there a valid legislative purpose? Questionable
- Privilege: Executive privilege, attorney-client privilege, spousal privilege
- Fifth Amendment: Constitutional right against self-incrimination
- Invalid subpoena: Lack of legislative purpose, too broad, unduly burdensome
Could they claim 5th Amendment? Possibly
Has either one had Executive Privilege? Yes and the Supremes have so muddied the waters on Executive privilege, damn near anything might qualify and it extend not just to current President but future and past presidents.
What Happens If Someone Fails To Comply With a Congressional Subpoena?
Congress has three main contempt resolution methods: criminal, civil, and inherent. It can use them to respond if someone refuses to comply with a subpoena. It may also use them for contempt acts that otherwise obstruct Congress’ legislative function.
Criminal Contempt of Congress
The first option is for Congress to recommend criminal charges under a federal contempt statute.
This requires the full House or Senate to hold contempt proceedings. If either house decides by a majority vote to hold the person in contempt, it issues a contempt citation. The case then goes to the U.S. Attorney for the District of Columbia, who’s a member of the Department of Justice (DOJ).
The citation itself has no legal consequences unless the DOJ decides to prosecute. The DOJ is part of the executive branch, and it rarely prosecutes these referrals.
In 2014, the Republican-led House held Internal Revenue Service (IRS) official Lois Lerner in contempt of Congress. Lerner had refused to testify before a House committee about the agency’s targeting of conservative political groups. After she invoked her Fifth Amendment rights, the DOJ declined to prosecute her.
I would be surprised, if they end up testifying any sooner than Donald Trump.
