Congressional Investigations: Subpoenas and Contempt Power

Publication Date: April 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

Type:

Abstract:

When conducting investigations of the executive branch, congressional committees and Members of Congress generally receive the information required for legislative needs. If agencies fail to cooperate or the President invokes executive privilege, Congress can turn to a number of legislative powers that are likely to compel compliance. The two techniques described in this report are the issuance of subpoenas and the holding of executive officials in contempt. These techniques usually lead to an accommodation that meets the needs of both branches. Litigation is used at times, but federal judges generally encourage congressional and executive parties to settle their differences out of court. The specific examples in this report explain how information disputes arise and how they are resolved.

For legal analysis see CRS Report 95-464A, Investigative Oversight: An Introduction to the Law, Practice, and Procedure of Congressional Inquiry, by Morton Rosenberg, and CRS Report RS30319, Presidential Claims of Executive Privilege: History, Law, Practice and Recent Developments, by Morton Rosenberg. A number of legislative tools, including subpoenas and contempt citations, are covered in CRS Report RL30966, Congressional Access to Executive Branch Information: Legislative Tools, by Louis Fisher. For a general report on oversight methods, see CRS Report RL30240, Congressional Oversight Manual.

This report will be updated as events warrant.