Attorney General Merrick Garland is facing the possibility of being held in contempt of Congress, a rare and powerful tool that lawmakers can use to enforce compliance with subpoenas and investigations. If a contempt resolution is approved, it would recommend prosecution of Garland, making him the third attorney general in U.S. history to face such a consequence.
Reasons Behind the Contempt Fight
Republicans, led by Reps. Jim Jordan and James Comer, are pushing to hold Garland in contempt for his refusal to fully comply with a congressional subpoena related to the investigation into President Joe Biden's handling of classified documents. The Justice Department provided some records but withheld audio recordings of Biden's interviews conducted by special counsel Robert Hur, citing concerns about setting a precedent for future investigations.
What is Contempt of Congress?
Contempt of Congress is a misdemeanor criminal offense under U.S. law that occurs when an individual willfully fails to comply with a valid congressional subpoena for documents or testimony. While a contempt vote by the House or Senate initiates the process, prosecutors must pursue legal action, and a jury ultimately decides guilt.
The Contempt Process
The House Judiciary and Oversight & Accountability committees advanced contempt reports against Garland in party-line votes. If the full House approves the resolution, it will be referred to the Justice Department for potential prosecution. Past instances of contempt against officials like former Attorney General Bill Barr and Eric Holder have not resulted in legal action by the Justice Department.
Penalties for Contempt
Recent contempt votes have led to serious consequences, including fines of up to $100,000 and imprisonment for up to twelve months. Individuals like Steve Bannon and Peter Navarro, who were held in contempt for defying subpoenas, faced convictions and prison sentences. Even without prosecution, a contempt resolution remains on the individual's record.
