Episode 16: Congressional Subpeonas

by Kitty Felde

What’s a congressional subpoena?

A subpoena is an official request from either the House of Representatives or the Senate to provide information to Congress – either by showing up in person to testify or to send various documents requested by Congress.

Why does Congress need subpoena power?

Congress needs information to do its job. In other words, to write laws. As recently as 2020, U.S. Supreme Court Chief Justice John Roberts, writing for the majority, said “When Congress seeks information “needed for intelligent legislative action,’ it ‘unquestionably’ remains ‘the duty of all citizens to cooperate.’”

Congress also needs to make sure its laws are being followed. That’s the reason congressional committees hold hearings, and issue subpoenas to those who can shed light on the topic under investigation. difference.

What happens if a person ignores the congressional subpoena?

Congress can ask the U.S. Attorney to indict those who refuse to cooperate for contempt of Congress. The House can even send the Sergeant-at-Arms to detain the witness.

Has Congress ever actually arrested anyone?

Yes.

Back in 1795, future President (and current Congressman) James Madison accused two men, Robert Randall and Charles Whitney of bribery. He produced evidence that the men promised money or land grants if lawmakers would help them acquire vast amounts of the Northwest Territory. 

The Speaker of the House, Jonathan Dayton, ordered the Sergeant-at-Arms to arrest them. There was a trial and eventually, the U.S. Supreme Court upheld the right of Congress to arrest and try citizens for contempt of Congress.

These days, such disputes are usually handled out of court, with negotiations taking place away from the public. There may be punishments, such as out of court settlements, or charges might just be dismissed completely.

Can Fina issue a subpoena for information about Burrowing Owls?

Only if she files a lawsuit against the Smithsonian National Zoo.

Here’s the fiction inspired by the facts:

In Episode 16 of The Fina Mendoza Mysteries, Fina is frustrated that no one is returning her calls from the National Zoo. She asks her father’s staffer Claudia:

FINA: When someone doesn’t return your phone calls, what do you do?

CLAUDIA: Well, if you’re a congressperson, and a witness refuses to come testify, you can send a court order. It’s called a subpoena.