House Democrats are considering fines, other punishments for subpoena-defying Trump officials


House Oversight Committee Chair Elijah Cummings (D-Md.) wrote in a Washington Post op-ed last week, and repeated on MSNBC Tuesday, that President Trump's "White House has refused to hand over any documents or produce any witnesses for interviews" this Congress. Trump, in fact, is suing Cummings to thwart some subpoenas and told the Post on Tuesday he doesn't want any of his current or former aides to testify before Congress.
Faced with this aggressive resistance to congressional oversight from Trump administration officials, Bloomberg reports, "some Democrats want to make them pay" — literally. "At a meeting of House leaders earlier this month, Judiciary Committee Chairman Jerrold Nadler [D-N.Y.] suggested fining officials personally if they deny or ignore subpoenas," Bloomberg says, the idea being "to put teeth in his party's numerous investigative queries. ... Nadler even mentioned jailing administration officials as a consequence for contempt of Congress, though he surmised such a plan might be unrealistic."
House committees can vote to hold administration officials in contempt and take them to court, setting up a lengthy legal battle. But the House could also revive a mechanism called "inherent contempt" — voting in a new rule that allows it to fine people outside the court system for defying subpoenas. That process got its name "because courts have said the power is an inherent part of Congress' legislative powers," Bloomberg reports, though it "was mostly mothballed in recent years because it was politically unpalatable."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Now, given White House stonewalling, "it's political suicide to allow this to continue," said Morton Rosenberg, a longtime Congressional Research Service official who has proposed fining recalcitrant officials. Congress used to jail people it held in contempt, and the Supreme Court said that was fine, but Cornell University law professor Josh Chafetz tells Bloomberg that Congress has other remedies, like cutting funds for departments or individual federal officials who defy subpoenas. You can read more about House Democrats' options at Bloomberg.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Trump hawks Teslas, slashes more federal jobs
Speed Read The Education Department cut its workforce in half ahead of an expected Trump order to shutter the agency
By Peter Weber, The Week US Published
-
Ukraine agrees to ceasefire, ending US aid freeze
Speed Read Kyiv made peace with the Trump administration by agreeing to an immediate ceasefire in its war against Russian invaders
By Rafi Schwartz, The Week US Published
-
ICE arrests Palestinian advocate with green card
Speed Read Recent Columbia University graduate student Mahmoud Khalil has had his visa revoked, despite his status as a permanent resident
By Peter Weber, The Week US Published
-
Trump doesn't rule out recession as tariffs bite
Speed Read In an interview for Fox News, Trump acknowledges the economic turbulence caused by his tariffs but claims his policies will be worth it in the long run
By Peter Weber, The Week US Published
-
Mark Carney selected next Canadian prime minister
Speed Read The political novice will succeed outgoing Prime Minister Justin Trudeau
By Peter Weber, The Week US Published
-
Trump eases Mexico, Canada tariffs again as markets slide
speed read The president suspended some of the 25% tariffs he imposed on Mexican and Canadian imports
By Rafi Schwartz, The Week US Published
-
Trump tells Cabinet they are in charge of layoffs, not Musk
Speed Read The White House has faced mounting complaints about DOGE's sweeping cuts
By Peter Weber, The Week US Published
-
Rep. Sylvester Turner dies, weeks after joining House
Speed Read The former Houston mayor and longtime state legislator left behind a final message for Trump: 'Don't mess with Medicaid'
By Peter Weber, The Week US Published