WEBVTT - What Happens If You Ignore a Subpoena?

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<v Speaker 1>Welcome to brain Stuff production of I Heart Radio. Hey

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<v Speaker 1>brain Stuff, Lauren vogelbamb Here. If some local magistrate, or

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<v Speaker 1>say the United States Congress ever lays a subpoena on you,

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<v Speaker 1>the best thing to do, probably the easiest thing to do,

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<v Speaker 1>is just show up in court or to the Capitol

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<v Speaker 1>Hill and save yourself all the headaches. You could ignore

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<v Speaker 1>the subpoena. Of course, it happens more than you might

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<v Speaker 1>expect if you choose that route, though, get ready for

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<v Speaker 1>a world of legal hurt involving lawyers, lots of wasted time,

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<v Speaker 1>possible fines, and maybe some jail time. Neither option is great.

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<v Speaker 1>That comes with subpoenas. We spoke with Anthony Madonna, a

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<v Speaker 1>professor of political science at the University of Georgia. He said,

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<v Speaker 1>you're legally bound to show up. The problem with that

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<v Speaker 1>has always been enforcement. Simply. Subpoenas are documents that allow

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<v Speaker 1>attorneys or congress people to gather useful information. That info

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<v Speaker 1>is used in court proceedings or in congressional investigations. Subpoenas

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<v Speaker 1>generally are the same whether they're issued by Congress or

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<v Speaker 1>some other governmental entity. There are two kinds subpoena at

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<v Speaker 1>test of a candom which requires you to testify, and

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<v Speaker 1>subpoena Doocey's teacum, which requires you to hand over some

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<v Speaker 1>kind of tangible evidence. In most cases, an attorney usually

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<v Speaker 1>requests a subpoena and somebody like a justice of the peace,

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<v Speaker 1>a clerk, even a notary public will sign off on it.

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<v Speaker 1>Then it's usually served in person to the one being subpoenaed.

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<v Speaker 1>In the case of a congressional subpoena, it's issued by

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<v Speaker 1>a committee, often performing a duty known as congressional oversight

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<v Speaker 1>pro possible wrongdoing in the government. Congress famously issued subpoenas

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<v Speaker 1>to get to the bottom of the teapot Dome scandal

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<v Speaker 1>of the nineteen twenties and during Watergate in the nineteen seventies.

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<v Speaker 1>More recently, the Republican backed Benghazi Report in sixteen is

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<v Speaker 1>a prime example of the use of subpoenas to investigate,

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<v Speaker 1>as are the Democrat fueled inquiries into the administration of

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<v Speaker 1>Donald Trump, his finances, and any possible connections to Russian

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<v Speaker 1>interference in the twenty sixteen presidential election. So why would

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<v Speaker 1>anyone ignore a subpoena Congress if you hadn't noticed is

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<v Speaker 1>a political body that often acts like it. Interacting with

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<v Speaker 1>it often means dodging a lot of political potholes. Among

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<v Speaker 1>the most publicized of those who have defied congressional subpoena

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<v Speaker 1>in recent years are former Attorney General Eric Holder and

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<v Speaker 1>former White House Counsel Harriet Myers in two thousand eight.

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<v Speaker 1>In early twenty nineteen, Democrats leading the House Judiciary Committee

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<v Speaker 1>subpoena and White House Counsel Don McGann to testify in

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<v Speaker 1>regards to Special Counsel Robert Mueller's report on Russian interference

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<v Speaker 1>in the sixteen election, Trump ordered McGann to ignore the subpoena,

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<v Speaker 1>citing a testimonial immunity for senior advisers to the president.

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<v Speaker 1>Trump famously called the Mueller inquiry a witch hunt and

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<v Speaker 1>blamed angry Democrats for those faced with the subpoena of

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<v Speaker 1>the non congressional variety, going to court and perhaps facing

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<v Speaker 1>people you don't want to see. A soon to be

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<v Speaker 1>excellent divorce case driver who plowed into you your former

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<v Speaker 1>boss is hardly enticing. Sometimes ignoring a subpoena and taking

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<v Speaker 1>your legal lumps seems like the safer bet. Spoiler, it

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<v Speaker 1>probably isn't The courts and Congress have ways of enforcing subpoenas.

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<v Speaker 1>They're not always effective, they often take time, but they

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<v Speaker 1>have their ways. If you ignore or defy subpoena, the

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<v Speaker 1>court that demanded your presence confined you in contempt. A

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<v Speaker 1>fine or jail time is possible. In the case of

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<v Speaker 1>defying a congressional subpoena, the committee that issued to subpoena

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<v Speaker 1>votes to issue a contempt citation, and then the full

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<v Speaker 1>chamber votes on it if it passes. Congress has three

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<v Speaker 1>ways to prosecute contempt charges. The first, according to the

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<v Speaker 1>Congressional Research Service, quote, a single House of Congress may

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<v Speaker 1>certify a contempt citation to the Executive Branch for the

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<v Speaker 1>criminal prosecution of an individual who is willfully refused to

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<v Speaker 1>comply with a committee subpoena. Once the contempt citation is received,

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<v Speaker 1>any prosecution lies within the control of the executive branch.

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<v Speaker 1>That means the Justice Department, a part of the executive branch,

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<v Speaker 1>can decide whether to bring a criminal prosecution, often citing

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<v Speaker 1>executive privilege or other protections. The Justice Department simply declines

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<v Speaker 1>to prosecute. Second, again, quote, a Congress may try to

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<v Speaker 1>enforce a subpoena by seeking a civil judgment declaring that

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<v Speaker 1>the recipient is legally obligated to comply. This process of

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<v Speaker 1>civil enforcement relies on the help of the courts to

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<v Speaker 1>enforce congressional demands, so Congress in this case would file

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<v Speaker 1>a civil suit against the subpoena. Stiffer Madonna said the

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<v Speaker 1>civil lawsuit route has its own problems. It moves really slowly.

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<v Speaker 1>The civil lawsuit is used sort of as leverage. They're

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<v Speaker 1>negotiating with the executive branch and usually get whatever it

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<v Speaker 1>is they're looking for through that. The third type of

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<v Speaker 1>enforcement is inherent contempt power, a rarely used and mostly

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<v Speaker 1>outdated method a Chamber of Congress can actually have. The

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<v Speaker 1>subpoena would be witness jailed for refusing to cooperate from

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<v Speaker 1>the Congressional Research Service again quote. The inherent contempt power

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<v Speaker 1>is a constitutionally based authority given to each house to

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<v Speaker 1>unilaterally arrest and detain an individual found to be obstructing

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<v Speaker 1>the performance of the duties of the legislature. It was

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<v Speaker 1>last used in nineteen thirty five. If you defy congressional

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<v Speaker 1>subpoena and are found guilty of contempt, it's a misdemeanor

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<v Speaker 1>punishable by a fine of one hundred to one thousand

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<v Speaker 1>dollars an imprisonment for one to twelve months. The penalties

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<v Speaker 1>for ignoring non congressional subpoenas vary with jurisdiction and are

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<v Speaker 1>at the discretion of the presiding judge, whether it's bucking

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<v Speaker 1>Congress or your local magistrate. Ignoring a subpoena is clearly

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<v Speaker 1>a gamble. If the paperwork in hours in court don't

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<v Speaker 1>get you, the fine and or jail time might and

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<v Speaker 1>in the end, it's hard to predict what will happen

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<v Speaker 1>if there is an end. Madonna said. One of the

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<v Speaker 1>lines I always like to tell my students is rules

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<v Speaker 1>matter until they don't. At the end of the day.

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<v Speaker 1>Rules matter until someone decides we're going to stop enforcing

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<v Speaker 1>them or going to enforce them in a different way.

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<v Speaker 1>That's scarily or sadly always the case. Today's episode was

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<v Speaker 1>written by John Donovan and produced by Tyler Clang. Brain

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<v Speaker 1>Stuff is a production of I Heart Radios, How Stuff Works.

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<v Speaker 1>Remoin this and lots of other perfectly legal topics. Visit

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<v Speaker 1>our home planet, how stuff Works dot com and for

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