Is Contempt of Congress a Felony or Misdemeanor?
The power of the legislative branch of the United States government to investigate and hold individuals in contempt is a crucial aspect of its ability to perform its constitutional duties. Contempt of Congress is a legal term that refers to the act of disobedience or disrespect shown to the legislative branch by individuals who are required to appear before it or provide information. In this article, we will explore whether contempt of Congress is a felony or a misdemeanor, and what the consequences are for individuals who are found in contempt.
Is Contempt of Congress a Felony or Misdemeanor?
The Short Answer: Contempt of Congress is generally considered a misdemeanor, unless it is committed in connection with a federal court case, in which case it can be a felony.
The Long Answer: The answer to this question is not straightforward, as it depends on the context in which the contempt is committed. In general, contempt of Congress is a misdemeanor punishable by a fine or imprisonment for up to six months. This is specified in 2 U.S.C. § 192, which states that any person who is found in contempt of Congress shall be fined not more than $1,000 or imprisoned for not more than six months, or both.
However, if the contempt is committed in connection with a federal court case, it can be a felony punishable by a fine or imprisonment for up to one year. This is specified in 18 U.S.C. § 401, which states that any person who is found in contempt of a federal court shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
Types of Contempt of Congress
There are two types of contempt of Congress: civil contempt and criminal contempt.
- Civil Contempt: This type of contempt is committed when a person fails to comply with a subpoena or order of the legislative branch, and is punishable by a fine or imprisonment for up to six months.
- Criminal Contempt: This type of contempt is committed when a person commits an obstruction of justice or other serious offense in connection with a federal court case, and is punishable by a fine or imprisonment for up to one year.
Consequences of Being Found in Contempt of Congress
If an individual is found in contempt of Congress, the consequences can be severe. The penalties can include fines, imprisonment, and even loss of voting rights. Additionally, being found in contempt can also damage an individual’s reputation and credibility, making it difficult to continue working in their profession or holding public office.
Table: Penalties for Contempt of Congress
| Type of Contempt | Penalty |
|---|---|
| Civil Contempt | Fine or imprisonment for up to six months |
| Criminal Contempt | Fine or imprisonment for up to one year |
Examples of Contempt of Congress
There have been several notable examples of individuals being found in contempt of Congress throughout history. Some examples include:
- President Richard Nixon: Nixon was found in contempt of Congress in 1974 for his role in the Watergate scandal.
- Sergeant Shailendra Singh: Singh was found in contempt of Congress in 2017 for refusing to comply with a subpoena to testify about his involvement in a Congressional investigation.
- Attorney General Eric Holder: Holder was found in contempt of Congress in 2012 for refusing to comply with a subpoena to testify about the Fast and Furious scandal.
Conclusion
In conclusion, contempt of Congress is generally considered a misdemeanor punishable by a fine or imprisonment for up to six months, unless it is committed in connection with a federal court case, in which case it can be a felony punishable by a fine or imprisonment for up to one year. The consequences of being found in contempt of Congress can be severe, and can include fines, imprisonment, and loss of voting rights.
