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1 1 (August 10, 2018)

handle is hein.crs/crsmthzzbdo0001 and id is 1 raw text is: Can the President Pardon Contempt of Court? Probably Yes. Richard M. Thompson II Legislative Attorney August 10, 2018 Few provisions in the U.S. Constitution grant the President an authority as free from legislative constraint as the Pardon Clause. It vests the President plenary power to grant Reprieves and Pardons for offences against the United States. Plainly put, the President can forgive those facing criminal liability under federal law. While the pardon power has been wielded in numerous instances throughout American history, there is limited case law interpreting it. This lack ofjudicial guidance, coupled with relatively limited discussion of the pardon power at the Constitutional Convention in Philadelphia, has beget various unsettled legal questions concerning the pardon power's scope and breadth. For instance, whether the President may issue a self-pardon has been the subject of conflicting views and debate. The contours of the pardon power have once again become a topic of public attention after President Trump issued the first pardons of his presidency. For instance, President Trump's pardon of Sheriff Joe Arpaio has prompted questions as to whether the President can pardon someone who has been held in criminal contempt of court for violating a judicial order that involves the rights of private persons. Following the criminal conviction of Sheriff Arpaio for violating a federal court order to refrain from using race as a factor in making law enforcement decisions, President Trump issued Arpaio a full and unconditional pardon. A contemporaneous White House statement declared that, Sheriff Joe Arpaio is now eighty-five years old, and after more than fifty years of admirable service to our Nation, he is worthy candidate for a Presidential pardon. Although some have expressed disagreement with the propriety of pardoning Arpaio, the general consensus is that Arpaio's pardon was well within Trump's Article II pardon authority; a consensus that seems bolstered by a federal district court's rejection of a suit challenging the pardon's validity. This Sidebar provides a brief background of contempt of court, explores the various arguments regarding whether a pardon can relieve an individual of criminal liability for contempt, and discusses potential congressional responses to the perceived abuse of the pardon power. Congressional Research Service 7-5700 www.crs.gov LSB10186 CRS INSIGHT Prepared for Members and Committees of Congress

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