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Inherent Contempt of Powers

[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 17. Contempt]
[From the U.S. Government Publishing Office, www.gpo.gov]


Sec. 1 . In General

      An individual who fails or refuses to comply with a House subpoena 
  may be cited for contempt of Congress. Eastland v. United States 
  Servicemen's Fund, 421 U.S. 491 (1975). Although the Constitution does 
  not expressly grant Congress the power to punish witnesses for 
  contempt, that power has been deemed an inherent attribute of the 
  legislative authority of Congress (Anderson v. Dunn, 19 U.S. 204 
  (1821)) so far as necessary to preserve and exercise the legislative 
  authority expressly granted (Marshall v. Gordon, 243 U.S. 521 (1917)). 
  However, as a power of self-preservation, a means and not an end, the 
  power does not extend to infliction of punishment. Manual 
  Sec. Sec. 294-296.
      To supplement this inherent power, Congress in 1857 adopted an 
  alternative statutory contempt procedure. Sec. 2, infra. Thus, the 
  House may either (1) certify a recalcitrant witness to the appropriate 
  United States Attorney for possible indictment under this statute or 
  (2) exercise its inherent power to commit for contempt by detaining 
  the witness in the custody of the Sergeant-at-Arms. Manual Sec. 296. 
  The statutory procedure is the one used in modern practice, but the 
  ``inherent power'' remains available. In one instance, the House 
  invoked both procedures against a witness. 3 Hinds Sec. 1672.
        In contrast, the Senate may invoke its civil contempt statute (2 
  USC Sec. 288d) to direct the Senate legal counsel to bring an action 
  in Federal courtto compel a witness to comply with the subpoena of a committee 
  of the Senate.
[[Page 450]]



Sec. 5 . Purging Contempt

      A witness in violation of a House subpoena has been permitted to 
  comply with its terms before the issuance of an indictment. 3 Hinds 
  Sec. Sec. 1666, 1686. However, once judicial proceedings to enforce 
  the subpoena have been initiated, the defendant cannot be purged of 
  contempt merely by producing the documents or testimony sought. See 
  United States v. Brewster, 154 F. Supp. 126 (D.D.C. 1957), cert. 
  denied, 358 U.S. 842 (1958). At this stage, the House itself must 
  consider and vote on whether to permit a discontinuance. The committee 
  that sought the contempt citation submits a report to the House 
  indicating that substantial compliance on the part of the witness has 
  been accomplished; the House then adopts a resolution certifying the 
  facts to the U.S. Attorney to the end that contempt proceedings be 
  discontinued. Manual Sec. 299; Deschler Ch 15 Sec. 21. For example, in 
  the 98th Congress, after EPA Administrator Anne M. Gorsuch had been 
  cited by a prior Congress for contempt for failure to produce certain 
  documents to a House subcommittee, the House adopted a resolution 
  certifying to the U.S. Attorney that an agreement giving the committee 
  access to those documents had been reached. Manual Sec. 299.
      Although witnesses cannot purge contempt after judicial 
  proceedings have begun, a court may suspend the sentence of witnesses 
  convicted of contempt and give them an opportunity to avoid punishment 
  by providing the testimony sought. Deschler Ch 15 Sec. 21.
[[Page 454]]

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