Jan Wolfe and Andy Sullivan

WASHINGTON, (Reuters) – The U.S. House of Representatives will vote Tuesday on whether to bring “contempt of Congress” charges against Mark Meadows, former chief of staff to Donald Trump. Meadows was accused of refusing to cooperate in an investigation into the Jan. 6th storming of Capitol.

Meadows provided some details to the investigation committee, but he declined to give other documents. He claimed that the information was protected by his work for the president. Also, he declined to attend a deposition.

Meadows may be the third Trump associate facing a criminal contempt charge. Similar charges were brought by the Justice Department against Trump’s ex-chief strategist Steve Bannon at the House’s request. Jeffrey Clark, a former Justice Department official is being considered by the House.

This is an overview of what criminal charges Meadows may face.

Is it illegal to challenge a CONGRESSIONAL SUBOENA?

Yes. According to 1857 law, failure to respond to a congressional subpoena to testify or produce documents is considered a misdemeanor. It can result in one to twelve months imprisonment.

This statute is known as “contempt law of Congress”. It describes the procedure for either the House or Senate that refers a noncompliant witness for criminal charges. The U.S. Justice Department decides then whether or not to file criminal charges.

It could be a while before a final solution is reached. Bannon’s contempt trial will begin July 18, just months ahead of the Nov.8 elections, which determine Congress’ control. Trump’s Republicans would be able to disband the Select Committee if they win the House.

ARE THERE OTHER OPTIONS FOR CONGRESS TO ENFORCE SUBPOENAS?

In 1821, the Supreme Court ruled that Congress had “inherent authority” and could arrest or detain any recalcitrant witness on its own without the assistance of Justice Department.

It has been more than a century ago that Congress had this power to arrest and detain, so it is highly unlikely the practice will be revived, according to legal experts.

Senior Democratic legislators, including Representative Adam Schiff discussed the possibility of reviving that power known as intrinsic contempt during Trump’s impeachment trials.

Schiff suggested in 2019 that the House could instead of incarcerating recalcitrant witnesses, it could instead issue daily fines. The Democrats didn’t follow through on this proposal.

HOW ABOUT CIVIL LITIGATION

In an effort to persuade recalcitrant witnesses, the House filed lawsuits during Trump’s presidency. However, the courts cases progressed slowly. A suit to determine whether Trump’s tax returns should be handed over by the Internal Revenue Service (IRS), has not yet been decided on its merits.

Trump had filed a lawsuit seeking to keep Jan. 6-related materials private. However, a federal appels court dismissed his claim on December 9. Trump is likely to request the Supreme Court to review the matter.

Meadows served as a House Member for seven years, before joining Trump in 2020. A lawsuit has been filed against the chamber, claiming it is outstepping its limits.

Representative Bennie Thompson is the chairman of The Select Committee and says Meadow’s lawsuit has no merit because he shared information about the attack on Jan. 6, in a book.