Subpoenas

House Majority Leader Steny Hoyer on Wednesday ruled out Democrats using inherent contempt to enforce subpoenas and became the most senior Democrat to say the chamber should wrap up its impeachment inquiry into President Donald Trump by the end of 2019.

“We made a judgment that we want the American people to understand that we are pursuing not arbitrary action but considered and thoughtful action,” the Maryland Democrat said. “I don’t mean to say by that that inherent contempt is by definition arbitrary but it may be perceived as arbitrary.”

Despite some Democrats calling on the House to use its inherent contempt authority to fine or jail administration officials who defy subpoenas, Democratic leaders have opted to first fight the battles in civil court.

The House will vote next week on a resolution to authorize the Judiciary Committee to pursue civil enforcement of subpoenas it issued to Attorney General William Barr and former White House counsel Don McGahn. 

Administration officials could face fines or jail time for ignoring congressional subpoenas, as House Democrats say they’re seriously considering reviving a congressional power that has not been used since the 1930s.

President Donald Trump has publicly urged administration officials not to comply with congressional subpoenas, and some have started heeding the advice. House Democrats have made no formal decisions about how to respond to the Trump administration’s stonewalling of their oversight investigations, but one option on the table is the historical process of “inherent contempt.”