Contempt for Refusal to Answer Questions pertaining to Events in Benghazzi
President Obama has consistantly refused to answer questions pertaining to events in Benghazzi, Libya
According to the:
Congress?s Contempt Power and the
Enforcement of Congressional Subpoenas:
Law, History, Practice, and Procedure
Todd Garvey
Legislative Attorney
Alissa M. Dolan
Legislative Attorney
August 17, 2012
The President (Barack H Obama) has continually failed to answer to Congress about the series of events which led to the deaths of four (4) Americans, including the death of Ambassador Christopher Stevens, which is an obstruction to justice and an act of deliberate contempt, However in view of the fact that the President may claim "executive privilege" it is STRONGLY urged that Congress may be able to enforce its own subpoenas through a declaratory civil action and it it the desire of the American people that Congress do so.
Congress?s contempt power is the means by which Congress responds to certain acts that in its
view obstruct the legislative process. Contempt may be used either to coerce compliance, to
punish the contemnor, and/or to remove the obstruction. Although arguably any action that
directly obstructs the effort of Congress to exercise its constitutional powers may constitute a
contempt, in recent times the contempt power has most often been employed in response to noncompliance
with a duly issued congressional subpoena?whether in the form of a refusal to
appear before a committee for purposes of providing testimony, or a refusal to produce requested
documents.
Congress has three formal methods by which it can combat non-compliance with a duly issued
subpoena. Each of these methods invokes the authority of a separate branch of government. First,
the long dormant inherent contempt power permits Congress to rely on its own constitutional
authority to detain and imprison a contemnor until the individual complies with congressional
demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to
the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on
the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may
seek a civil judgment from a federal court declaring that the individual in question is legally
obligated to comply with the congressional subpoena.
Congress?s Contempt Power and the
Enforcement of Congressional Subpoenas:
Law, History, Practice, and Procedure
Todd Garvey
Legislative Attorney
Alissa M. Dolan
Legislative Attorney
August 17, 2012
The President (Barack H Obama) has continually failed to answer to Congress about the series of events which led to the deaths of four (4) Americans, including the death of Ambassador Christopher Stevens, which is an obstruction to justice and an act of deliberate contempt, However in view of the fact that the President may claim "executive privilege" it is STRONGLY urged that Congress may be able to enforce its own subpoenas through a declaratory civil action and it it the desire of the American people that Congress do so.
Congress?s contempt power is the means by which Congress responds to certain acts that in its
view obstruct the legislative process. Contempt may be used either to coerce compliance, to
punish the contemnor, and/or to remove the obstruction. Although arguably any action that
directly obstructs the effort of Congress to exercise its constitutional powers may constitute a
contempt, in recent times the contempt power has most often been employed in response to noncompliance
with a duly issued congressional subpoena?whether in the form of a refusal to
appear before a committee for purposes of providing testimony, or a refusal to produce requested
documents.
Congress has three formal methods by which it can combat non-compliance with a duly issued
subpoena. Each of these methods invokes the authority of a separate branch of government. First,
the long dormant inherent contempt power permits Congress to rely on its own constitutional
authority to detain and imprison a contemnor until the individual complies with congressional
demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to
the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on
the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may
seek a civil judgment from a federal court declaring that the individual in question is legally
obligated to comply with the congressional subpoena.
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