Contempt of Congress is the misdemeanor act of obstructing the work of the United States Congress or one of its committees. It typically involves refusing to comply with a congressional subpoena, such as failing to testify or produce requested documents during an investigation
. This power is not explicitly stated in the Constitution but is considered an implied power necessary for Congress to carry out its legislative duties effectively
. Historically, contempt of Congress also included bribery attempts against members of Congress
. There are three main ways Congress can enforce a contempt citation:
- Inherent contempt : Congress itself arrests and punishes the individual, a process rarely used since the 1930s
- Criminal contempt : Congress refers the matter to the Department of Justice for prosecution. If convicted, penalties can include fines up to $100,000 and imprisonment for 1 to 12 months
- Civil contempt : Congress files a lawsuit to compel compliance with its subpoenas, and courts decide the outcome
While a contempt citation does not automatically impose legal penalties, it can have significant political and legal consequences. The process begins with a committee vote, followed by a full chamber vote to formally cite the individual for contempt
. In summary, contempt of Congress is a legal mechanism Congress uses to enforce cooperation with its investigations and legislative functions by penalizing obstruction or refusal to comply with subpoenas
