Author: United States. Congress. House. Committee on Public Works and TransportationPublisher:
ISBN:
Category : Contempt of legislative bodies
Languages : en
Pages : 428
Book Description
Examining and Reviewing the Procedures that Were Taken by the Office of the U.S. Attorney for the District of Columbia in Their Implementation of a Contempt Citation that was Voted by the Full House of Representatives Against the Then Administrator of the Environmental Protection Agency, Anne Gorsuch Burford
Author: United States. Congress. House. Committee on Public Works and TransportationPublisher:
ISBN:
Category : Contempt of legislative bodies
Languages : en
Pages : 428
Book Description
Monthly Catalogue, United States Public Documents
Author: Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 1014
Book Description
Monthly Catalog of United States Government Publications
Author: Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 956
Book Description
Congress' Contempt Power
Author: Jay R. ShampanskyPublisher:
ISBN:
Category : Contempt of legislative bodies
Languages : en
Pages : 718
Book Description
South Dakota Law Review
Author: Congress?s Contempt Power and the Enforcement of Congressional Subpoenas
Author: Congressional Research ServicePublisher: Createspace Independent Publishing Platform
ISBN: 9781973771111
Category :
Languages : en
Pages : 94
Book Description
Congress's contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent times the contempt power has most often been employed in response to non-compliance with a duly issued congressional subpoena-whether in the form of a refusal to appear before a committee for purposes of providing testimony, or a refusal to produce requested documents. Congress has three formal methods by which it can combat non-compliance with a duly issued subpoena. Each of these methods invokes the authority of a separate branch of government. First, the long dormant inherent contempt power permits Congress to rely on its own constitutional authority to detain and imprison a contemnor until the individual complies with congressional demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may seek a civil judgment from a federal court declaring that the individual in question is legally obligated to comply with the congressional subpoena. A number of obstacles face Congress in any attempt to enforce a subpoena issued against an executive branch official. Although the courts have reaffirmed Congress's constitutional authority to issue and enforce subpoenas, efforts to punish an executive branch official for non-compliance with a subpoena through criminal contempt will likely prove unavailing in many, if not most, circumstances. Where the official refuses to disclose information pursuant to the President's decision that such information is protected under executive privilege, past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt. In addition, although it appears that Congress may be able to enforce its own subpoenas through a declaratory civil action, relying on this mechanism to enforce a subpoena directed at an executive official may prove an inadequate means of protecting congressional prerogatives due to the time required to achieve a final, enforceable ruling in the case. Although subject to practical limitations, Congress retains the ability to exercise its own constitutionally based authorities to enforce a subpoena through inherent contempt. This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally based limitations on the contempt power.
Bowker's Law Books and Serials in Print
Author: The Contempt Power
Author: Ronald L. GoldfarbPublisher:
ISBN:
Category : Contempt of court
Languages : en
Pages : 322
Book Description
Congress’s Contempt Power
Author: Presidential Claims of Executive Privilege
Author: Morton RosenbergPublisher: DIANE Publishing
ISBN: 1437923208
Category : Biography & Autobiography
Languages : en
Pages : 44
Book Description
Contents: (1) Introduction: The Watergate Cases; Post-Watergate Cases; Executive Branch Positions on the Scope of Executive Privilege: Reagan Through George W. Bush; Implications and Potential Impact of the Espy and Judicial Watch Rulings for Future Executive Privilege Disputes; Recent Developments: George W. Bush Claims of Executive Privilege ; (2) Concluding Observations; (3) Appendix: Presidential Claims of Executive Privilege From the Kennedy Administration Through the George W. Bush Administration: 1. Kennedy; 2. Johnson; 3. Nixon; 4. Ford and Carter; 6. George H. W. Bush; 7. Clinton; 8. George W. Bush.