When the FBI Comes Calling…®
When the FBI Comes Calling…®
You may be charged with:
Contempt of Congress (2 U.S.C. § 192)
Found in Congress's Constitutional right of inquiry and its authority to legislate generally, the contempt of Congress statute was intended to ensure that the information Congress requires is obtained. Unlike the normal form of adjudication, the contempt of Congress statute requires the Congressional committee or sub-committee, acting on behalf of Congress, to notify directly a United States Attorney, who then initiates prosecution. Though there exists no special provision under national security cases, it is frequently in this context that the statute is relevant, and certainly under which the government may prosecute.
In order for the Assistant United States Attorney (AUSA) to secure a conviction under the statute, four elements must be met:
1. That the defendant withheld information sought by Congress;
2. That he did so knowingly and willingly;
3. That the information sought was deemed pertinent to the question under inquiry.
So how have the courts interpreted contempt of Congress violations?
A. If one aids, abets, advises, counsels, or encourages another to violate the statute, he is equally liable under criminal law as the one who directly violated the statute. Barsky et al v. United States, 167 F.2d 241 (D.C. Cir. 1948)
B. Though one may act willfully does not indicate that they must act for a bad or evil purpose, the cause for refusing to comply is immaterial. Fields v. United States, 164 F.2d 97 (D.C. Cir. 1947)
C. The intent of the statute is not intended to deprive one of their right against self-incrimination, for such right does still exist under Congressional inquiries, but instead it is intended to compel testimony or materials pursuant to subpoena. United States v. Raley, 96 F. Supp. 495 (D.D.C. 1951)
Potential Punishment:
One who violates the statute may be charged with a misdemeanor punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months.
Frequently, a charge of contempt of Congress will be coupled by other charges of wrongdoing relative to the matter of Congressional inquiry. In the realm of national security this may include any number of statutes from subversion, espionage, or the disclosure of classified information to even more serious offenses relating to terrorism, transnational money laundering, or the arms trade.