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Thu Apr 25, 2019, 02:03 PM

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/

17 replies, 1434 views

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Arrow 17 replies Author Time Post
Reply A President can pardon someone convicted of Contempt of Congress....hmmmm (Original post)
dixiegrrrrl Apr 2019 OP
C_U_L8R Apr 2019 #1
jambo101 Apr 2019 #2
Sanity Claws Apr 2019 #3
dixiegrrrrl Apr 2019 #12
Sanity Claws Apr 2019 #14
bluestarone Apr 2019 #4
Wellstone ruled Apr 2019 #6
markpkessinger Apr 2019 #7
dixiegrrrrl Apr 2019 #13
Jose Garcia Apr 2019 #5
nykym Apr 2019 #9
nykym Apr 2019 #8
vsrazdem Apr 2019 #10
LiberalArkie Apr 2019 #11
ehrnst Apr 2019 #15
In It to Win It Apr 2019 #16
dixiegrrrrl Apr 2019 #17

Response to dixiegrrrrl (Original post)

Thu Apr 25, 2019, 02:07 PM

1. We can play that game all day

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

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Response to dixiegrrrrl (Original post)

Thu Apr 25, 2019, 02:10 PM

2. Seems this president

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

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Response to dixiegrrrrl (Original post)

Thu Apr 25, 2019, 02:12 PM

3. Federal Crime

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

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Response to Sanity Claws (Reply #3)

Fri Apr 26, 2019, 08:04 PM

12. Congress is federal, so any contempt charges are federal


and theoretically, a Pres. can pardon crimes.

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

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Response to dixiegrrrrl (Reply #12)

Fri Apr 26, 2019, 08:20 PM

14. I think you misunderstood my point

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

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Response to dixiegrrrrl (Original post)

Thu Apr 25, 2019, 02:19 PM

4. If they accept pardon then they can be called before grand jury?

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

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Response to bluestarone (Reply #4)

Thu Apr 25, 2019, 02:22 PM

6. This is the line that these folks have to be willing to cross.

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Response to bluestarone (Reply #4)

Thu Apr 25, 2019, 03:06 PM

7. Exactly.

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.

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Response to bluestarone (Reply #4)

Fri Apr 26, 2019, 08:18 PM

13. If you accept a pardon, you lose any right to plead the 5th in any subsequent hearings/trials



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

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Response to dixiegrrrrl (Original post)

Thu Apr 25, 2019, 02:22 PM

5. They would have to be prosecuted first

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Response to Jose Garcia (Reply #5)

Thu Apr 25, 2019, 03:39 PM

9. there is an exception to that

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/

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Response to dixiegrrrrl (Original post)

Thu Apr 25, 2019, 03:35 PM

8. While a president can pardon someone

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

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Response to nykym (Reply #8)

Thu Apr 25, 2019, 03:43 PM

10. He also cannot execute a pardon during impeachment, so lets get on with it.

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Response to nykym (Reply #8)

Thu Apr 25, 2019, 03:43 PM

11. What is truth? And whose truth?

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Response to dixiegrrrrl (Original post)

Fri Apr 26, 2019, 08:20 PM

15. However, a lawyer who is in contempt can be disbarred. No pardon will restore that. (nt)

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Response to dixiegrrrrl (Original post)

Fri Apr 26, 2019, 09:02 PM

16. In addition to that, I'm under the impression that the decision to prosecute someone for...

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

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Response to In It to Win It (Reply #16)

Sat Apr 27, 2019, 05:48 PM

17. Exactly.


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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