A federal judge held a lawyer from President Donald Trump's Department of Justice in contempt on Wednesday for failing to return a detainee's identification paperwork after the detainee was released from immigration custody, according to a report. Judge Laura Provinzino of the District Court of Minn...
  • Jaysyn@lemmy.world
    1·
    5 days ago

    I think you’re getting the inherent contempt power of Congress mixed up with criminal contempt.

    Civil or criminal contempt?

    There is also the possibility of Trump administration officials being found in criminal contempt - for which the punishment could include jail time.

    “That’s considered one of the most serious things, and usually the last resort,” Prof Tsai said.

    In the case of criminal contempt, Prof Tsai said the normal course of events would be to refer the issue for prosecution by the justice >department, which is run by Attorney General Pam Bondi.

    Judge Boasberg also has the power to appoint a special prosecutor to pursue criminal contempt charges and to sidestep Bondi, a Trump loyalist who was appointed by the president.

    “With this administration, it is very possible that the justice department refuses to prosecute,” George Mason University law professor Ilya Somin explained to the BBC.

    Even if the justice department does take the case, Trump has the power to pardon a criminal offence. But the president does not have the power to issue pardons for civil liability (civil contempt).

    https://www.bbc.com/news/articles/cg72d3zpj9xo