Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Federal Employees: You be the Judge


Get real-life reviews of key court cases involving federal employees. Share your opinion on the outcomes of these cases, or participate in other discussions about workplace issues that may impact your job.

Be civil when debating with others in the forum. Uncivil remarks toward any other forum member is prohibited on FederalSoup and should be reported immediately.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.

Options
Go to last post Go to first unread
GWPDA  
#1 Posted : Tuesday, April 23, 2019 6:43:51 AM(UTC)
GWPDA

Rank: Senior Member

Groups: Registered
Joined: 2/26/2011(UTC)
Posts: 2,330

Thanks: 234 times
Was thanked: 490 time(s) in 409 post(s)
Is such a thing possible? Refuse a Congressional subpoena? What is the penalty?
DaVinci95  
#2 Posted : Tuesday, April 23, 2019 8:53:30 AM(UTC)
DaVinci95

Rank: Senior Member

Groups: Registered
Joined: 5/4/2014(UTC)
Posts: 290
United States

Thanks: 5 times
Was thanked: 68 time(s) in 65 post(s)
It happens regularly. If the committee issuing the subpoena wants to pursue a Contempt of Congress charge for the refusal to comply, they need to vote to sent it to the full House or Senate (whichever body the committee serves). If the House or Senate votes for the contempt charge, it is submitted to the Justice Department for action. However, the Justice Department can refuse to pursue it, which is common for contempt charges against Executive Branch personnel. If Justice refuses, Congress can file a civil suit. The penalty can be up to 12 months in prison and a fine.
TheRealOrange  
#3 Posted : Tuesday, April 23, 2019 9:00:20 AM(UTC)
TheRealOrange

Rank: Senior Member

Groups: Registered
Joined: 5/22/2011(UTC)
Posts: 678

Thanks: 1 times
Was thanked: 133 time(s) in 115 post(s)
Originally Posted by: GWPDA Go to Quoted Post
Is such a thing possible? Refuse a Congressional subpoena? What is the penalty?

Sure, anyone can simply ignore the subpoena or tried to have it quashed by a court. The Supreme Court has long recognized congressional subpoena power and has upheld the enforcement power of contempt. Federal statute makes it a misdemeanor to refuse to testify or produce documents (2 U.S. Code § 192. Refusal of witness to testify or produce papers; "...a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months."). And a person still has the 5th Amendment right against self-incrimination. Certifying a criminal contempt referral involves a pretty long and cumbersome process, as Divinci95 mentioned. There's more, like the possible civil enforcement mechanisms, but that's the gist.
Endless Summer  
#4 Posted : Tuesday, April 23, 2019 1:35:20 PM(UTC)
Endless Summer

Rank: Senior Member

Groups: Registered
Joined: 6/7/2016(UTC)
Posts: 819

Thanks: 29 times
Was thanked: 188 time(s) in 161 post(s)
Originally Posted by: GWPDA Go to Quoted Post
Is such a thing possible? Refuse a Congressional subpoena? What is the penalty?


Of course, you could have typed that into any search engine and gotten your answer but that would have robbed you of the opportunity to post another of your b!tchy, tiring, political trolls.

You lost... get over it... it's gonna happen again.
GWPDA  
#5 Posted : Tuesday, April 23, 2019 1:36:42 PM(UTC)
GWPDA

Rank: Senior Member

Groups: Registered
Joined: 2/26/2011(UTC)
Posts: 2,330

Thanks: 234 times
Was thanked: 490 time(s) in 409 post(s)
Of course anyone -can- refuse a subpoena. But may a Federal career civil servant refuse a Congressional subpoena which involves his work as a Federal employee?
someoldguy  
#6 Posted : Tuesday, April 23, 2019 1:56:38 PM(UTC)
someoldguy

Rank: Senior Member

Groups: Registered
Joined: 10/28/2013(UTC)
Posts: 3,989

Thanks: 283 times
Was thanked: 906 time(s) in 759 post(s)
Originally Posted by: GWPDA Go to Quoted Post
Of course anyone -can- refuse a subpoena. But may a Federal career civil servant refuse a Congressional subpoena which involves his work as a Federal employee?
Of course they can refuse.

Of course they should be prepared to suffer the consequences.

Stand by for more politically motivated hijinx... with both sides throwing gasoline on the fire.

DISCLAIMER: You read it on an open internet forum :)
Rss Feed  Atom Feed
Users browsing this topic
Guest
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.072 seconds.