Whether 'willfully' in 2 U.S.C. § 192 requires the government to prove the defendant knew his conduct was unlawful and whether the proper composition of a congressional committee bears on its 'authority' to issue a subpoena

Section 192 of Title 2 states that anyone who is “summoned … by the authority of either House of Congress” and “willfully makes default” on the subpoena has committed a crime. In the criminal context, “[ t]o prove ‘willfulness,’ the Government must demonstrate that an individual knew that his conduct was unlawful.” Bondi v. VanDerStok , 145 S. Ct. 857, 877 (2025) (Kavanaugh, J., concurring). Over a dissent from Judges Rao, Henderson, and Walker, the D.C. Circuit held below that “willfully” in § 192 nonetheless requires only intentional conduct, not knowledge the conduct was unlawful. Five other judges, including Judge Katsas, separately acknowledged that the D.C. Circuit’s interpretation is contrary to this Court’s typical rule. Judges Rao and Henderson also argued the subpoena here was not issued “by the authority” of the House of Representatives because the issuing committee’s composition and structure did not comply with the House Resolution creating the committee. The questions presented are: Whether “willfully” in 2 U. S.C. § 192 requires the government to prove the defendant knew his conduct was unlawful. Whether the proper composition of a congressional committee bears on its “aut hority” to issue a subpoena for purposes of 2 U.S.C. § 192.