Voters must dive into murky legal waters around 'contempt of Congress' fracas

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It is hard to escape the impression that the more Congress holds people in contempt, the more people have contempt for Congress.

U.S. Attorney General Merrick Garland testifies before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on June 4, 2024 in Washington, D.C. Facing a contempt vote in the House, Garland pushed back against false accusation that the Justice Department is behind the prosecution and subsequent conviction of former U.S. President Donald Trump in New York, and that falsehoods and"conspiracy theories" are harming the rule of law.

Both men were given far shorter sentences than they might have faced. Still, they are serving prison sentences. And both of their long-running court cases began with citations for contempt of Congress.So at first blush, average citizens might well be confused. Or they might well be susceptible to claims that the former president and all his minions are somehow victims of unprecedented political persecution.

Usually, negotiations resolve these questions. But difficulties may arise when the target of a subpoena defies not only the subpoena but the legitimacy of the authority issuing that subpoena. This only gets worse when the target of the subpoena refuses to negotiate or seek any accommodation. Thus frustrated, the House has now taken the next step by holding him in contempt. And Garland’s DOJ has announced it will not prosecute him, relying on the precedent set by others in his position.President Donald Trump makes a statement on the census with Secretary of Commerce Wilbur Ross and Attorney General William Barr in the Rose Garden of the White House on July 11, 2019 in Washington, D.C.

At the time, House Democrats sought to enforce their contempt citation in the federal courts — just as Johnson’s House Republicans want to do now. The Democrats’ effort was not successful.

 

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