Contempt of Congress

Contempt of Congress is the offense of obstructing congressional proceedings, most commonly by refusing to comply with a subpoena or to answer questions. It may be handled in three ways.

Under a federal statute, a chamber can vote to certify a contempt citation to the U.S. attorney for the District of Columbia, who is directed to bring the matter before a grand jury; a conviction carries a fine and up to a year in jail. Congress can also sue in civil court for an order enforcing the subpoena. Historically, each chamber also had "inherent contempt," in which the sergeant at arms arrests and detains a witness, but it has not been used since 1935 and is considered impractical.

The statutory route depends on the Justice Department, which has declined to prosecute executive-branch officials who follow the president's assertion of executive privilege, a position both parties' administrations have taken. It has prosecuted private citizens, including former Trump aides Steve Bannon and Peter Navarro, who were convicted in 2022 and 2023. Critics say the process is too political and weak; supporters see it as a means of enforcing a congressional subpoena and checks and balances.