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Congressional Investigations: Subpoenas and Contempt Power (CRS Report for Congress)

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Release Date April 2, 2003
Report Number RL31836
Report Type Report
Authors Louis Fisher, Government and Finance Division
Source Agency Congressional Research Service
Summary:

When conducting investigations of the executive branch, congressional committees and Members of Congress generally receive the information required for legislative needs. If agencies fail to cooperate or the President invokes executive privilege, Congress can turn to a number of legislative powers that are likely to compel compliance. The two techniques described in this report are the issuance of subpoenas and the holding of executive officials in contempt. These procedures usually lead to an accommodation that meets the needs of both branches. Litigation is used at times, but federal judges generally encourage congressional and executive parties to settle their differences out of court. The specific examples in this report explain how information disputes arise and how they are resolved.