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PoliticAverse

(26,366 posts)

12. Well...

Reply to Poiuyt (Reply #5)

Tue Oct 15, 2019, 05:53 PM

Oct 2019

1 - If Congress votes the refuser in contempt and refers the contempt to the DOJ it's unlikely the DOJ will pursue the matter (that is what happened when Congress found Attorney General Holder in contempt).

2 - If Congress takes the issue to the courts the matter could be dragged out for some time. Eventually a court could order the refuser to comply and impose a contempt of court penalty (possible jail) for refusal (an example of the use of the courts to enforce a Congressional subpoena is: United States v Nixon ( https://en.wikipedia.org/wiki/United_States_v._Nixon ) ).

3 - If Congress uses its "inherent contempt" power they could have the refuser directly arrested and compelled to appear (to face a trial and penalty for contempt). This power has been rarely uses in history and is the most direct/severe method Congress has.

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Seriously, what can Congress do if someone refuses a subpoena? [View all] Poiuyt Oct 2019 OP

Excellent question! Far too many are using this cop-out with as far as I know no real repercussions. RKP5637 Oct 2019 #1

Subpoena literally means "under penalty," so the ability to impose a penalty if stopbush Oct 2019 #2

But what kind of penalty does Congress have the power and willingness to impose? Poiuyt Oct 2019 #4

Congress has 3 ways to penalize someone for refusing a subpoena... PoliticAverse Oct 2019 #3

Thank you for that Poiuyt Oct 2019 #5

the executive branch is obviously out Voltaire2 Oct 2019 #8

The problem is it would be tied up in the courts for months, if not years. We don't have that long. Garrett78 Oct 2019 #10

Civil judgment... pbmus Oct 2019 #9

Well... PoliticAverse Oct 2019 #12

I think there is only one branch of government we can count on for enforcement. milestogo Oct 2019 #7

words are important, no doubt. but actions are more important. Kurt V. Oct 2019 #6

The need for major structural reform is the elephant in the room. Garrett78 Oct 2019 #11

Who remembers Andrew Jackson after losing a ruling by the Supreme Court? 3Hotdogs Oct 2019 #13

+1 Kurt V. Oct 2019 #14

Susan MacDougal was imprisoned for 18 months for defying Congressional subpoena SharonAnn Oct 2019 #15

I believe Spiro Agnew's Ghost may have some guidance on that question ffr Oct 2019 #16

Followup: Steny Hoyer: Democrats will rely on courts to enforce, not inherent contempt PoliticAverse Oct 2019 #17