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The Supreme Court affirmed in Watkins v.United States (1957) that "[the] power of the Congress to conduct investigations is inherent in the legislative process" and that "[it] is unquestionably the duty of all citizens to cooperate with the Congress in its efforts to obtain the facts needed for intelligent legislative action.
However, if a person will not come by invitation alone, a committee or subcommittee may require an appearance through the issuance of a subpoena (Rule XXVI, paragraph 1). Committees also may subpoena correspondence, books, papers, and other documents. Subpoenas are issued infrequently, and most often in the course of investigative hearings.
Contempt of court is considered a prerogative of the court, and "the requirement of a jury does not apply to 'contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States.
Sen. Lindsey Graham, R-S.C., the chairman of the Senate Judiciary Committee, says Donald Trump Jr. should ignore the subpoena issued to him by the Senate Intelligence Committee.
Expulsion is the most serious form of disciplinary action that can be taken against a member of Congress. [1] The United States Constitution (Article I, Section 5, Clause 2) provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."
The hearings planned for Wednesday on contempt of Congress will come a day before Hunter Biden is scheduled to make his first court appearance on tax charges filed by a special counsel in Los Angeles.
Executive privilege gives presidents the right to keep information from the courts, Congress and the public to protect the confidentiality of decision-making, though it can be challenged in court.
Congress's ability to subpoena the president's tax returns was the subject of the federal court case Trump v. Mazars USA, LLP. However, the Supreme Court ruled in 2020 that this case raised questions of separation of powers rather than executive privilege. It said Congress needed a legislative reason to request the documents rather than ...