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Wednesday, May 02, 2007

How do Congressional subpoenas work?

April 29, 2007
How do Congressional subpoenas work?

What happens when someone receives a congressional subpoena?
The subpoena will list when and where the person is expected to appear.

There are only a few options for appealing. Since 1975, federal courts have refused to invalidate congressional subpoenas, since such issues are considered "political questions" rather than judicial ones.

But there are two potential outs. An individual can invoke his Fifth Amendment right against self-incrimination. In response, the committee could grant immunity to an individual, meaning the witness would not face charges for any criminal activities he admits to during testimony. The witness has to comply with the subpoena or face a contempt charge.

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