Kilbourn v. Thompson

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Kilbourn v. Thompson, 103 U.S. 168 (1880) was a United States Supreme Court case that dealt with the question whether or not the United States House of Representatives may compel testimony. Hallett Kilbourn was subpoenaed to testify before a Special Committee established by the House of Representatives to investigate the bankruptcy of J. Cook and Company. Though he appeared, he refused to answer any questions and did not tender requested documents. John G. Thompson, Sergeant-At-Arms for the House, took Kilbourn into custody. Kilbourn continued to refuse to testify and provided no explanation for his refusal. The House resolved that Kilbourn was in contempt and should be held in custody until he agreed to testify and produce the requested documents. The Court found that the House had not the power to punish for contempt. However, House members could not be sued for false imprisonment as they were exercising their official duties. In addition the Supreme Court established several limits in the scope of investigations, called the Kilbourn Test.

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