Sources

Sources For Inherent Contempt Fines Rule

• Murphy, William J. and Rosenberg, Morton.  Summary of Proposed Inherent Contempt Rule.  Washington, DC: Good Government Now,  July 2018.

• Murphy, William J. and Rosenberg, Morton. Why Congress Can Impose Fines for Contempt.  Good Government Now Briefing Paper.  Washington, DC. August 5, 2018.

• Murphy, William J. and Rosenberg, Morton.  Inherent Contempt Enforcement Proposal Information Sources.  Washington, DC.  (Annotated reference list with active links to informational materials on Good Government Now’s inherent contempt enforcement and direct congressional appointment of special prosecutor proposals as well as supporting court precedents, historical background materials, and policy analyses.)

• Murphy, William J. Congress should invoke revised inherent contempt procedure in DOJ subpoena standoff. The Hill. September 5, 2018.

• Rosenberg, Morton. Understanding and Confronting the Current Executive Challenges to Effective Congressional Investigative Oversight. 2018.

• Good Government Now. Can a Revised Inherent Contempt Procedure Strengthen Enforcement of House Subpoenas to the Executive Branch? Panel Discussion Video. October 19, 2018. Washington, DC.

Additional Resources

• Chafetz, Josh. “Contempt of Congress,” Chapter 5 in Congress’s Constitution: Legislative Authority and the Separation of Powers. 1st Edition.  New Haven: Yale University Press, 2017. (Google Books)

• Garvey, Todd. Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure.  Congressional Research Service Report RL34097, May 12, 2017. (See pp. 1-10 on “Congress’s Power to Investigate” and the “Early History of Contempt,” pp. 10-17 on “Inherent Contempt,” pp. 17-22 on “Statutory Criminal Contempt,” and pp. 34-54 on “Enforcement of a Criminal or Inherent Contempt Resolution Against an Executive Branch Official.”

• Rosenberg, Morton. When Congress Comes Calling: A Study on the Principles, Practices, and Pragmatics of Legislative Inquiry. Washington, DC: The Constitution Project,  May 23, 2017. (See Chapter III, A. “Congress’s Power to Investigate, pp. 13-15; and Chapter III, B. “Enforcement of the Investigative Power,” pp. 23-27, especially Section 2 “The Inherent Contempt Power” and Section 3 “Statutory Criminal Contempt.”)

• Rosenberg, Morton. Reasserting Congress’ Investigative Authority. R Street Policy Study No. 103. Washington, DC: R Street Institute,  July 2017.

• Rosenberg, Morton. Why enacting H.R. 4010, the Congressional Subpoena Compliance and Enforcement Act of 2017, is a big mistake.  Legislative Branch Capacity Working Group. R Street Institute and New America Foundation. Washington, DC. January 9, 2018.

Sources For Subpoena Enforcement Rule

• Murphy, William J. and Stern, Michael L. Summary of Proposed Rule on Information Requests and Subpoenas.  Good Government Now. Washington, DC. 

• Stern, Michael. Rule on Information Requests and Subpoenas to the Executive Branch. Good Government Now. Washington, DC.