# What happens if they testify anyway? **URL:** \ **Category:** Factual Questions\ **Created:** [September 17, 2019, 4:02am UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363 "2019-09-17T04:02:25Z")\ **Posts on this page:** 11\ **Page:** 2
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [September 18, 2019, 3:53am UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/21 "2019-09-18T03:53:24Z")
> [@Really\_Not\_All\_That\_Bright](#): > > We don’t have law societies here. The governing body in each state is typically called the [state] bar association, but it may just be called the state bar or something else. Convictions are sometimes grounds for disbarment, but disbarment or suspension is highly unlikely based on a political refusal to testify before Congress. :eek::dubious: Wait, the merits of the matter aside, does Congress not have the power to compel process and hold in contempt? ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [September 18, 2019, 6:33am UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/22 "2019-09-18T06:33:31Z")
There are several avenues. One requires the cooperation (or faithful execution of duty) of the United States Attorney for the District of Columbia. But the other two involve the inherent powers of Congress, or Congress plus a US District Court. [Contempt of Congress - Wikipedia](https://en.m.wikipedia.org/wiki/Contempt_of_Congress) ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [September 18, 2019, 8:51am UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/23 "2019-09-18T08:51:58Z")
> [@Si\_Amigo](#): > > Short answer no, after they go through with a Supreme Court fight and lose then Trump just pardons them. The president can pardon people for **criminal** contempt, or simply direct that people not be prosecuted for contempt. He cannot pardon civil contempt, where penalties are assessed as a way to force compliance. ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [September 18, 2019, 11:21am UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/24 "2019-09-18T11:21:45Z")
> [@Chronos](#): > > The only limits on the Presidential pardon power is that it only applies to federal crimes, and it can’t be used in case of impeachment. Though of course, the voters might not approve. In theory, Congress could also impeach a president who (in their estimation) abused the pardon power. [This was explicitly mentioned by James Madison](https://www.brookings.edu/blog/fixgov/2018/07/25/the-pardon-power-and-original-intent/) as a remedy for such abuses. This isn’t so much a limit to the power as a check on its overuse, though. ---
**Author:** ![SamuelA](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@SamuelA](https://boards.straightdope.com/u/SamuelA)\ **Post date:** [September 18, 2019, 12:22pm UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/25 "2019-09-18T12:22:03Z")
> [@Lord\_Feldon](#): > > The president can pardon people for **criminal** contempt, or simply direct that people not be prosecuted for contempt. > > He cannot pardon civil contempt, where penalties are assessed as a way to force compliance. I wondered about this. What if they stop refusing to testify and just say “I do not recall” to every question. Wouldn’t this be criminal contempt? ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [September 18, 2019, 1:18pm UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/26 "2019-09-18T13:18:18Z")
> [@AK84](#): > > :eek::dubious: > Wait, the merits of the matter aside, does Congress not have the power to compel process and hold in contempt? Yes, but congress would depend on the Dept of Justice to prosecute the contempt and that is just not going to happen. First congress would have to impeach and then convict the AG and that is not going to happen either. So congress’s hands are tied. As long as at least half the house or one third of the senate is okay with the situation, the contempt of congress will be with impunity. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 18, 2019, 2:50pm UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/27 "2019-09-18T14:50:49Z")
> [@AK84](#): > > :eek::dubious: > Wait, the merits of the matter aside, does Congress not have the power to compel process and hold in contempt? Yes. But it has no power to direct state courts to sanction lawyers. ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [September 18, 2019, 3:56pm UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/28 "2019-09-18T15:56:59Z")
> [@SamuelA](#): > > I wondered about this. What if they stop refusing to testify and just say “I do not recall” to every question. > > Wouldn’t this be criminal contempt? No. You can be forced to answer. Refusing to do so is contempt. Giving a false answer is not the same as refusing to answer. But it is perjury. ---
**Author:** ![SamuelA](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@SamuelA](https://boards.straightdope.com/u/SamuelA)\ **Post date:** [September 18, 2019, 8:30pm UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/29 "2019-09-18T20:30:42Z")
> [@eschrodinger](#): > > No. You can be forced to answer. Refusing to do so is contempt. Giving a false answer is not the same as refusing to answer. But it is perjury. Ok but the president can pardon perjury but he can’t pardon civil contempt, right? So answering with “I do not recall” to all questions would be the right strategy if you knew for certain you would get a pardon. ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [September 19, 2019, 2:02am UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/30 "2019-09-19T02:02:37Z")
It’s also less likely to get prosecuted, I think. I mean, you _can_ prove those answers are lies – it’s possible – but it’s a whole lot easier to prove that someone did not show up, or showed up but refused to answer any questions. ---
**Author:** ![The\_Chao\_Goes\_Mu](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_chao_goes_mu/32/3191_2.png) [@The\_Chao\_Goes\_Mu](https://boards.straightdope.com/u/The_Chao_Goes_Mu)\ **Post date:** [September 19, 2019, 11:40pm UTC](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363/31 "2019-09-19T23:40:59Z")
> [@Northern\_Piper](#): > > Complete side bar, but welcome back, **The Chao Goes Mu**! Long time, no see! Thank you! I’ve missed you guys! [Previous page](https://boards.straightdope.com/t/what-happens-if-they-testify-anyway/840363.md?page=1)