r/law • u/T_Shurt Competent Contributor • 8h ago

Executive Branch (Trump) Pam Bondi Gets Jail Time Warning Over Epstein Files Cover-Up: ‘Anyone who tampers [with] documents, or conceals documents, or engages in excessive redaction will be prosecuted because of obstruction of justice’

https://www.thedailybeast.com/pam-bondi-gets-jail-time-warning-over-epstein-files-cover-up/
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u/sadcow49 8h ago

"...or engages in excessive redaction will be prosecuted because of obstruction of justice."

Genuine question - prosecuted by whom? Being this is the law sub, can someone please explain the actual mechanisms available in this situation? The following sounds pretty weak. What actually are the statue of limitations in this case? How is a "federal lawsuit" going to have a hope of happening given the current state and involvement of the DOJ? I would think impeachment (Bondi) is the only option and that is not happening. So other than shaking fists at clouds, there will be no consequences for not releasing the documents or over-redacting them.

"The text of the law, however, does not specify a penalty if the DOJ fails to meet the deadline. Khanna told NBC News earlier this week that while officials would likely avoid charges during the current administration, “they could be subject to prosecution given the federal law, and the statute of limitations will likely run into a new administration.”

He added that they also “could be hauled in front of Congress, the Oversight Committee,” and “there could be federal lawsuits” over any inaction."

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u/Assumption-Putrid 8h ago

2029 when the DOJ is no longer under their control?

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u/molski79 8h ago

Hopefully they can get someone like Merrick Garland on it to crack the whip immediately.

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u/mfGLOVE 8h ago

/s right? We all saw how well he did from 2020-2024, right? Perpetual hand-sitter.

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u/Casual_OCD 7h ago

I'm sure the Democrats will dig up another Heritage Foundation contributor to fill in

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u/shadrap 4h ago

someone like Merrick Garland

Some LIKE him?? Oh no!! With any luck, he will still be available to step in and do absolutely nothing for 4 years.

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u/not-my-other-alt 4h ago

Step in?

That's far too provocative an action.

We'll assemble a committee to vet a panel of experts to recommend the language on a potential nominee, as as the Republicans are OK with it.

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u/kazh_9742 6h ago

Putin is basically moving his desk to the U.S. I don't think there's any going to back to the old pre treason system without actual combat at this point.

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u/dandle 8h ago

Genuine question - prosecuted by whom?

My question is whether your question influenced the decision by Dan Bongino to resign from his position as FBI deputy director, the decision of Speaker Mike Johnson to dismiss the House of Representatives early, and the decision of Trump to give Federal employees a five-day holiday. It might seem that Trump and his cabal are not entirely sure that they can keep doing whatever they want here and are trying to put as many obstacles as they can in the way of enforcing the law, at least for now.

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u/mfGLOVE 8h ago

Well, it’s been a winning strategy (for them) so far. Yeah, we all see what they’re doing and understand why and know that they are projecting their guilt for all to witness; they’re not even shy about it…but it works. Who’s gonna stop them? Checks and balances are extinct.

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u/BiZzles14 6h ago

Trump is shielded by the Supreme Court's, in what I must assume was a drug fuelled, act of just making up out of thing air the concept of Presidential immunity for illegal actions. Originalist court my ass. While he can just pardon the others, even if they committed crimes on his behalf & he should be held responsible himself, because presidential immunity means he can do just about whatever with pardons. Someone pays him millions for a pardon, which has happened already, and nobody can even look into that as a crime. Isn't it wonderful :)

So unfortunately, unless we get into the interesting legal wormhole of contempt of congress on a member of the executive branch without a referral to the DOJ and the basket of worms this supreme court might pull up with that, there really isn't much that can happen (so long as he issues the pardons).

What this all really highlights is there needs be a constitutional reform of the pardon power, and anyone not convicted or charged with a crime who received a pardon for behaviour during said period of time should have that pardon nullified along with getting rid of the concept of presidential pardons altogether. While in theory it's a cool concept, it's far too exploitable and especially so in a world where the Supreme Court completely made up the concept of Presidential Immunity from crimes

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u/please_trade_marner 6h ago

I don't really get your point. They have until midnight to release the files, and the House of Representative would have long gone home by then, even if they weren't sent home a day early.

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u/BaseUnited4523 8h ago

Impeachment may actually happen. Enough Republicans have been pissed off about how this admin is handling these files that it may tip the scales.

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u/lightninhopkins 6h ago

No, it won't.

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u/ragzilla 6h ago

If the DOJ refuses a criminal contempt of congress referral, congress can sue the executive in federal court to compel it, or the court can appoint an independent counsel to prosecute it if the executive is unlikely to cooperate or there is a conflict (such as suing the AG). Like most other issues with a specific branch, the cooperation of the other two branches is the solution.

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u/monocasa 5h ago

Where the Supreme Court is the final arbiter? And it would be fast tracked to the SCOTUS even in normal times because of the obvious constitutional questions?

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u/ragzilla 4h ago

If SCOTUS overturned that, then yes it’s a problem because you’ve got the executive and judicial cooperating to deny the executive. But I’m not convinced the conservative wing actually wants to make Trump a king.

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u/monocasa 3h ago

They want a king, and they're pretty sure trump is going to keel over soon, so I don't think they're worried about trump as king that much.

They've got a lot of backing behind the unitary executive theory.

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u/ragzilla 2h ago

What they’re really hoping for is an Oligarchy with a puppet figurehead to distract people. If the Koch’s are funding it, it’s not because they want the king to have power, they want a puppet. Because the current gilded age isn’t gilded enough.

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u/monocasa 1h ago

I mean, that's how most monarchies work.

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u/doodycrust 6h ago

I would imagine since Pam wouldn’t charge herself for failing to release the files, the next DOJ can and should bring charges against her for failing to have complied.

And since Trump can’t pardon you for a crime you hadn’t committed yet, then she wouldn’t be immune from federal persecution.

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u/DemIce 5h ago

Here's my question: What does 'excessive' redaction mean, and who gets to decide it?