Legal Definitions - contempt of Congress

Contempt of Congress occurs when an individual intentionally obstructs or interferes with the official duties and investigations of the United States Congress.

Although the U.S. Constitution does not explicitly grant Congress this power, it is considered an implied power. This means it's understood to be necessary for Congress to effectively carry out its constitutional responsibilities, such as legislating, overseeing the executive branch, and investigating matters of public concern. Without the ability to enforce its demands for information or testimony, Congress would struggle to gather the facts needed to make informed decisions and create effective laws.

Today, contempt of Congress most commonly arises when individuals refuse to comply with a congressional subpoena. This includes:

• Refusing to appear before a congressional committee for testimony.
• Refusing to answer questions posed by committee members during a hearing or investigation.
• Refusing to produce requested documents, emails, or other evidence.

When an individual is found in contempt, Congress can refer the matter to the Department of Justice for criminal prosecution. If convicted, the individual may face fines and imprisonment. However, there are limitations to Congress's power: investigations must relate to a legitimate legislative purpose, cannot delve into purely private affairs, and must respect individual constitutional rights, such as the Fifth Amendment's protection against self-incrimination.

Here are some examples illustrating contempt of Congress:

• Example 1: Refusal to Testify

  A former high-ranking executive of a pharmaceutical company is subpoenaed to testify before a House committee investigating price gouging on life-saving medications. Despite the subpoena, the executive fails to appear for the scheduled hearing without a valid legal excuse. This refusal to appear directly obstructs the committee's ability to gather crucial information for potential legislative reforms, thereby constituting contempt of Congress.

• Example 2: Withholding Documents

  A federal agency is under scrutiny by a Senate oversight committee regarding its handling of a major cybersecurity breach. The committee issues a subpoena demanding internal communications and reports related to the incident. The agency head, citing internal policy rather than a recognized legal privilege, refuses to turn over the requested documents. This deliberate withholding of information impedes the committee's oversight function and its ability to understand the breach and propose solutions, which could lead to a contempt of Congress referral.

• Example 3: Refusal to Answer Pertinent Questions

  During a hearing, a prominent lobbyist is questioned by a congressional committee about their financial dealings with foreign entities, a matter pertinent to proposed legislation on foreign influence. While present, the lobbyist repeatedly refuses to answer specific, non-privileged questions about these transactions, instead offering vague statements or remaining silent. This intentional obstruction of the committee's fact-finding process, by refusing to provide relevant testimony, could be considered contempt of Congress.