So a person is subpoenaed by Congress to provide documents and give a deposition. The person refuses, is indicted and convicted. Can the person then be subpoenaed again for documents and testimony and then go through the process (indictment, conviction, etc) again.

In other words, aside from the 1 year maximum sentence and small monetary fine for a contempt charge, is there anything else Congress can do to compel the provision of evidence (a warrant be issued for documents, etc.)?

  • Is the second subpoena for the same documents?
    – phoog
    Nov 13, 2021 at 0:02

1 Answer 1


Double jeopardy applies to the same facts, not to the same sorts of crimes.

Say if you are tried and acquitted of murder of person A, that won't later save you from being tried for murder of person B.

Same applies to your question: if the documents/testimony on the second occasion are different from the first occasion, there is no protection. If they are the same, there is.

  • The hypothetical is that the defendant is convicted on the first instance, not acquitted as in your murder example. Nov 13, 2021 at 14:13
  • As to the last sentence - I don't know why this would be double jeopardy even if the documents and testimony demanded are the same. The crime is disobeying the subpoena, and this would be a new subpoena, demanding testimony on a different date. Defendant certainly hasn't been previously convicted of ignoring this subpoena. To me, the analogy is that you rob a shop, are tried and either convicted or acquitted, and then after the trial (and/or your sentence) you go back and rob the same shop again. Obviously double jeopardy does not prevent being tried on the new charge. Nov 13, 2021 at 14:14

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .