Criminal Contempt of Congress: Felony or Misdemeanor?

Criminal contempt of Congress, a legal concept often in the news, particularly in politically charged environments, refers to an individual's failure to comply with a subpoena or an order from a congressional committee. This type of contempt is a serious issue that can lead to substantial legal consequences, but is it classified as a felony or a misdemeanor?

Understanding Criminal Contempt of Congress

To grasp whether criminal contempt of Congress is a felony or misdemeanor, it's essential to understand what criminal contempt entails. Criminal contempt of Congress arises when a person obstructs or refuses to comply with the authority of a Congressional committee. This can involve failing to appear before Congress when subpoenaed, refusing to answer questions, or ignoring other Congressional demands.

Legal Framework and Classification

In the United States, the classification of criminal contempt of Congress as a felony or misdemeanor hinges on several factors, including the nature of the contempt and the specific circumstances surrounding the case. The legal foundation for criminal contempt of Congress is derived from the legislative and judicial interpretations of Congressional powers and the enforcement mechanisms available to Congress.

Historically, criminal contempt of Congress is classified as a misdemeanor. This classification is outlined in the United States Code, specifically under 2 U.S.C. § 192, which provides penalties for contempt of Congress. According to this statute, individuals who refuse to comply with a subpoena or testify before Congress can face fines and imprisonment.

Penalties and Consequences

The penalties for criminal contempt of Congress, as a misdemeanor, typically include fines and imprisonment for up to one year. The severity of the punishment depends on the case's specifics, including the individual's conduct and whether they have a history of contemptuous behavior.

For example, in cases where an individual deliberately refuses to comply with Congressional subpoenas or engages in obstructive behavior, the court may impose maximum penalties. Conversely, a less severe violation might result in lesser fines or a shorter imprisonment term.

Recent High-Profile Cases

Several high-profile cases have brought criminal contempt of Congress into the spotlight, illustrating its real-world implications. For instance, during investigations into various political scandals, individuals have been charged with criminal contempt for refusing to testify or provide documents demanded by Congressional committees.

One notable example is the case involving former Trump adviser Steve Bannon, who was charged with criminal contempt of Congress for failing to comply with a subpoena issued by the House Select Committee investigating the January 6th Capitol riot. This case underscores the potential legal ramifications and the seriousness with which Congress views contemptuous behavior.

Contempt of Congress vs. Civil Contempt

It's crucial to distinguish between criminal contempt and civil contempt of Congress. While criminal contempt pertains to violations that are punishable by fines or imprisonment, civil contempt involves penalties designed to coerce compliance with Congressional orders. Civil contempt may lead to daily fines or other coercive measures until the individual complies with the Congressional demand.

Enforcement and Legal Proceedings

When Congress encounters criminal contempt, it typically refers the case to the Department of Justice (DOJ) for prosecution. The DOJ then decides whether to pursue charges and, if so, prosecutes the case in federal court. The legal proceedings involve presenting evidence, arguing the case before a judge or jury, and determining the appropriate penalties based on the conviction.

Conclusion

In summary, criminal contempt of Congress is classified as a misdemeanor rather than a felony. The penalties for this type of contempt include fines and imprisonment for up to one year, depending on the case's specifics. Understanding this classification is crucial for comprehending the legal consequences of failing to comply with Congressional authority and the broader implications for individuals involved in high-stakes political investigations.