Contempt of Congress . . . Again
Today the US House of Representatives cited two high-ranking Bush staff members for Contempt of Congress. White House Chief of Staff Joshua Bolten and former White House Counsel (and short-lived US Supreme Court nominee) Harriet Miers were cited for refusing to testify about any role they may have played in the firing of federal prosecutors under former US Attorney General Alberto Gonzalez. This is twice in as many years for Bolten, who, along with Karl Rove, was cited by the Senate for refusing to testify before the Senate Judiciary Committee about the same firings.
This new round of contempt citations is a good opportunity for us to review Contempt of Congress:
- Contempt of Congress is a federal crime like any other. It carries a maximum penalty of a $100,000 fine and 1 year in federal prison.
- There are two reasons why a chamber of Congress might issue a contempt citation: (1) bribing or libeling a member of Congress; (2) refusing to testify or provide subpoened documents.
- But the chamber of Congress that votes to issue the citation can not prosecute the crime (that’s separation of powers, after all). The Justice Department is technically “required” by the law to prosecute the person cited, but in practice the DOJ has some discretion.
- Of course, the President can pardon the person who receives the citation, just as he can pardon anyone who may have broken a federal law.
- Congress’ power to issue contempt citations is not in the US Constitution. It is an implied power, not an enumerated power. The Supreme Court has supported Congress’ contempt power in the 1821 case of Anderson v. Dunn.
- The first person cited for Contempt of Congress was Robert Randall for attempting to bribe a member of the House.
