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dixiegrrrrl

(60,010 posts)
Thu Apr 25, 2019, 03:03 PM Apr 2019

A President can pardon someone convicted of Contempt of Congress....hmmmm



According to NBC news.

specifically......
Q: Is there anything the president can do once someone has been convicted of contempt of Congress?

A: Contempt of Congress is a federal crime like any other. The sitting president has the authority as chief executive to commute or pardon anyone of any federal crime.


Sources: Congressional Research Service, Senate Judiciary Committee, Associated Press interviews.

http://www.nbcnews.com/id/19693051/ns/politics/t/what-contempt-congress/
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A President can pardon someone convicted of Contempt of Congress....hmmmm (Original Post) dixiegrrrrl Apr 2019 OP
We can play that game all day C_U_L8R Apr 2019 #1
Seems this president jambo101 Apr 2019 #2
Federal Crime Sanity Claws Apr 2019 #3
Congress is federal, so any contempt charges are federal dixiegrrrrl Apr 2019 #12
I think you misunderstood my point Sanity Claws Apr 2019 #14
If they accept pardon then they can be called before grand jury? bluestarone Apr 2019 #4
This is the line that these folks have to be willing to cross. Wellstone ruled Apr 2019 #6
Exactly. markpkessinger Apr 2019 #7
If you accept a pardon, you lose any right to plead the 5th in any subsequent hearings/trials dixiegrrrrl Apr 2019 #13
They would have to be prosecuted first Jose Garcia Apr 2019 #5
there is an exception to that nykym Apr 2019 #9
While a president can pardon someone nykym Apr 2019 #8
He also cannot execute a pardon during impeachment, so lets get on with it. vsrazdem Apr 2019 #10
What is truth? And whose truth? LiberalArkie Apr 2019 #11
However, a lawyer who is in contempt can be disbarred. No pardon will restore that. (nt) ehrnst Apr 2019 #15
In addition to that, I'm under the impression that the decision to prosecute someone for... In It to Win It Apr 2019 #16
Exactly. dixiegrrrrl Apr 2019 #17

C_U_L8R

(45,002 posts)
1. We can play that game all day
Thu Apr 25, 2019, 03:07 PM
Apr 2019

And every time Trump gets another obstruction count and more bad press coverage

jambo101

(797 posts)
2. Seems this president
Thu Apr 25, 2019, 03:10 PM
Apr 2019

Can do anything he wants with absolutely no accountability. I wish America would wake up to the danger this idiot represents.

Sanity Claws

(21,847 posts)
3. Federal Crime
Thu Apr 25, 2019, 03:12 PM
Apr 2019

Congress still can do civil contempt, which carries financial penalties.
Pardoning does not include civil matters, right?

dixiegrrrrl

(60,010 posts)
12. Congress is federal, so any contempt charges are federal
Fri Apr 26, 2019, 09:04 PM
Apr 2019

and theoretically, a Pres. can pardon crimes.

there might be ....." except in case of...." rules, I don't of them.

Sanity Claws

(21,847 posts)
14. I think you misunderstood my point
Fri Apr 26, 2019, 09:20 PM
Apr 2019

I was drawing a distinction between criminal contempt and civil contempt. I was wondering whether the pardon power extends to civil liability.

bluestarone

(16,936 posts)
4. If they accept pardon then they can be called before grand jury?
Thu Apr 25, 2019, 03:19 PM
Apr 2019

AGAIN and AGAIN and AGAIN!! they have to testify or can be jailed. (Is this true?)

markpkessinger

(8,395 posts)
7. Exactly.
Thu Apr 25, 2019, 04:06 PM
Apr 2019

Acceptance of a pardon is a de facto admission of guilt or the pardoned crime. And thus a pardoned person loses any protection under the Fifth Amendment against self-incrimination.

dixiegrrrrl

(60,010 posts)
13. If you accept a pardon, you lose any right to plead the 5th in any subsequent hearings/trials
Fri Apr 26, 2019, 09:18 PM
Apr 2019


There are 3 forms of contempt.
One of them, not used for decades, is Inherent Contempt, where the offender can be arrested, hauled before the Committee he contempted, and can be fined and/or jailed until he decides to cooperate.
that's the Contempt that most people think of, not realizing it was last used in 1934.

the other possibility is a contempt charge can be referred to the attorney general,
Who is Barr.
Who is inciting DOJ, and now other Federal Gov't employees to refuse to talk to the House Committee members, thus to be in contempt.

a third possibility is : sez Wiki...
Senate Rules authorize the Senate to direct the Senate Legal Counsel to file a civil action against any private individual found in contempt. Upon motion by the Senate, the federal district court issues another order for a person to comply with Senate process. If the subject then refuses to comply with the Court's order, the person may be cited for contempt of court and may incur sanctions imposed by the Court. The process has been used at least six times; but the civil procedure can be used against Executive branch officials only "in certain limited circumstances.

https://en.wikipedia.org/wiki/Contempt_of_Congress#Procedures

nykym

(3,063 posts)
9. there is an exception to that
Thu Apr 25, 2019, 04:39 PM
Apr 2019

Q; Can the president pardon someone who hasn't been convicted of a crime?

A: Yes. In Ex Parte Garland, an 1866 case involving a former Confederate Senator who was disbarred from the practice of law, the U.S. Supreme Court ruled that his pardon from President Andrew Johnson restored his civil rights — even though he had never been charged with a crime.

The pardon power, the court said, "extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment."

Most famously, Ford pardoned Nixon for any crimes that Nixon "has committed or may have committed or taken part in" during his presidency.

Link: https://www.usatoday.com/story/news/politics/2018/06/04/presidential-pardons-explanation-executive-clemency-powers/660381002/

nykym

(3,063 posts)
8. While a president can pardon someone
Thu Apr 25, 2019, 04:35 PM
Apr 2019

convicted of contept of congreess it does not exempt them from telling the truth.

In It to Win It

(8,249 posts)
16. In addition to that, I'm under the impression that the decision to prosecute someone for...
Fri Apr 26, 2019, 10:02 PM
Apr 2019

Contempt of Congress remains with DOJ, or more specifically, the AG. I don't see the AG letting that happen.

dixiegrrrrl

(60,010 posts)
17. Exactly.
Sat Apr 27, 2019, 06:48 PM
Apr 2019

Which is why we'll have to go back to Inherent contempt, which will trigger a responding lawsuit.


All the people shooting from the hip demanding "Impeachment!!!!!!" don't seem to realize the complexity of the problem, nor what happens
if trump is impeached.
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