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Concept
Contempt of Congress
Summary
Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a U.S. senator or U.S. representative was considered contempt of Congress. In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a congressional committee or subcommittee—usually seeking to compel either testimony or the production of requested documents.
In the late 1790s, declaring contempt of Congress was considered an "implied power" of the legislature, in a similar manner as the British Parliament could make findings of contempt of Parliament—early Congresses issued contempt citations against numerous individuals for a variety of actions. Some instances of contempt of Congress included citations against:
Robert Randal, for an attempt to bribe Representative William Smith of South Carolina in 1795.
William Duane, a newspaper editor who refused to answer Senate questions in 1800.
Nathaniel Rounsavell, another newspaper editor, for releasing sensitive information to the press in 1812.
In Anderson v. Dunn (1821), the Supreme Court of the United States held that Congress' power to hold someone in contempt was essential to ensure that Congress was "... not exposed to every indignity and interruption that rudeness, caprice, or even conspiracy, may mediate against it."
The historical interpretation that bribery of a senator or representative was considered contempt of Congress has long since been abandoned in favor of criminal statutes. In 1857, Congress enacted a law that made "contempt of Congress" a criminal offense against the United States.
In the Air Mail Scandal of 1934, William MacCracken, former Assistant Secretary of Commerce for Aeronautics, was sentenced to ten days of detention for destroying evidence under subpoena. MacCracken appealed his sentence to the Supreme Court in Jurney v. MacCracken. After losing his case, he surrendered to Chelsey Jurney, Senate sergeant at arms, who detained him in a room at the Willard Hotel.
Official source
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