Blinken Faces The Risk Of Being Charged With Contempt Of Congress Over Afghan Withdrawal

Rep. Michael McCaul, the Republican Chair of the House Foreign Affairs Committee, has issued a stern ultimatum to Secretary of State Antony Blinken, threatening him with contempt of Congress and possible civil enforcement proceedings. The threat comes amid an ongoing standoff between the Biden administration and the committee over a classified cable related to the US withdrawal from Afghanistan, as per a report from NBC news.

In a letter released on May 5, McCaul demanded that the State Department provide Congress with an unredacted version of the July 13, 2021, cable and its official response. He underscored the importance of the cable, stating that it is "critical and material" to the committee's investigation into the chaotic withdrawal from Afghanistan.

The cable in question was submitted through 'dissent channel'

According to a report by The Wall Street Journal, the cable in question was submitted through the State Department's "dissent channel," which allows employees to express their opposing views on foreign policy issues to senior officials. The cable reportedly warned that the Taliban could seize control of Kabul shortly after the US troops withdrew from Afghanistan.

The Biden administration has thus far refused to provide Congress with the unredacted document, prompting McCaul's threat of legal action against Blinken if the demand is not met by the deadline of 6 pm (Thursday), or if a legal basis for withholding the document is not provided.

What exactly does contempt of Congress mean?

Contempt of Congress is a legal concept that refers to actions that defy, obstruct, or disrespect the authority of Congress or any of its committees or members. It is a misdemeanor offense that carries a penalty of up to one year in jail and a fine of up to $100,000.

Contempt of Congress can be classified into two types: criminal and civil. Criminal contempt of Congress occurs when an individual willfully defies or obstructs Congress, its committees, or its members in the performance of their duties. Civil contempt of Congress occurs when an individual fails to comply with a lawful order of Congress or its committees, such as a subpoena or request for information.

Contempt of Congress is a rarely-used tool, but it has been invoked several times throughout American history. In most cases, Congress will first issue a subpoena or request for information to an individual or organisation. If that individual or organisation refuses to comply, Congress can hold them in contempt.

In the case of criminal contempt of Congress, the Department of Justice can bring charges against the individual or organisation in federal court. If convicted, the individual or organisation can face fines and imprisonment.

In the case of civil contempt of Congress, Congress has a few options. It can hold the individual or organisation in contempt and refer the matter to the Department of Justice for prosecution. It can also use its inherent contempt power to detain the individual or organization until they comply with its request.