House

What is contempt of Congress? Here’s what you should know

Hunter Biden showed up unexpectedly at a House Oversight and Accountability Committee markup Wednesday, before the panel voted in favor of a resolution to hold him in contempt of Congress for what they claimed was his defiance of a December subpoena.

The move sets up a full House floor vote on the subject and possible further charges against him.

But what does it mean to be held in contempt of Congress? Here’s what you need to know:

What is contempt of Congress?

According to a report by the Congressional Research Service, Congress’ “contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process.”

Another Congressional Research Service report notes that under criminal contempt of Congress law, “it is a misdemeanor criminal offense to ‘willfully’ fail to comply with a valid congressional subpoena for either documents or testimony ‘upon any matter under inquiry before either House…or any committee of either House of Congress.’”


What is the penalty for contempt of Congress?

A “witness suffers no direct legal consequence from House or Senate approval of a contempt citation, though a variety of political consequences may flow from being held in contempt,” according to the Congressional Research Service.

However, if an “individual is prosecuted and convicted, violations of” criminal contempt of Congress law “are punishable by a fine of up to $100,000 and imprisonment ‘for not less than one month nor more than twelve months.’”