General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSeriously, what can Congress do if someone refuses a subpoena?
I've heard talk about a jail in the basement of the Capitol, but I doubt that Pelosi, et al would resort to that (if it still exists). Can Congress send out the U. S. marshals? Impose fines? Is getting a subpoena from a judicial proceeding different from getting one from Congress? And on what basis can Rudy Giuliani, a private citizen, refuse a subpoena?
RKP5637
(67,111 posts)stopbush
(24,396 posts)a subpoena is ignored is implicit.
A person ignoring or defying a subpoena is accepting the prescribed penalty in lieu of honoring the subpoena.
Poiuyt
(18,125 posts)PoliticAverse
(26,366 posts)If you are really interested in this topic I'd recommend reading the following (.pdf):
Congresss Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
Todd Garvey
Legislative Attorney
Congressional Research Service
May 12, 2017
(85 pages)
https://fas.org/sgp/crs/misc/RL34097.pdf
Poiuyt
(18,125 posts)Which of those penalties would be the easiest and most likely to impose?
Voltaire2
(13,061 posts)and the courts are problematic. So my guess is that they would first attempt to have the subpoena enforced through the courts and then if that fails or is blocked they will in fact use inherent contempt and enforce the subpoena through congress itself.
Garrett78
(10,721 posts)pbmus
(12,422 posts)PoliticAverse
(26,366 posts)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.
milestogo
(16,829 posts)Kurt V.
(5,624 posts)so nothing can be done if a subpoena is refused . we need structural change.
Garrett78
(10,721 posts)Ezra Klein wrote a piece about this recently.
3Hotdogs
(12,390 posts)John Marshall issued the ruling. Let him enforce it.
And Jackson went ahead and removed the Cherokee.
SharonAnn
(13,776 posts)In the Clinto impeachment.