In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a congressional committee or subcommittee—usually seeking to compel either testimony or the production of requested documents.
"[6] The historical interpretation that bribery of a senator or representative was considered contempt of Congress has long since been abandoned in favor of criminal statutes.
[7] In the Air Mail Scandal of 1934, William MacCracken, former Assistant Secretary of Commerce for Aeronautics, was sentenced to ten days of detention for destroying evidence under subpoena.
[13] Both Navarro and Bannon's contempt of Congress convictions and prison sentences were connected with their refusals to comply with subpoenas which required them testify before the now-defunct House Select Committee that investigated January 6, 2021.
"[14] Congressional rules empower all its standing committees with the authority to compel witnesses to produce testimony and documents for subjects under its jurisdiction.
The Court held in Eastland v. United States Servicemen's Fund (1975)[16] that congressional subpoenas are within the scope of the Speech or Debate clause which provides "an absolute bar to judicial interference" once it is determined that Members are acting within the "legitimate legislative sphere" with such compulsory process.
[17] Following the refusal of a witness to produce documents or to testify, the committee is entitled to report a resolution of contempt to its parent chamber.
Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms of the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment, imprisonment for coercion, or release from the contempt citation).
The resolution would have imposed a fine of $10,000 per day on Garland for defying a congressional subpoena until he handed over audio of former special counsel Robert Hur’s interview with President Joe Biden.