Barr: It would be a crime for president to pardon someone in exchange for their silence

Barr: It would be a crime for president to pardon someone in exchange for their silence
© Greg Nash

William Barr, President TrumpDonald John TrumpGOP senator introduces bill to hold online platforms liable for political bias Rubio responds to journalist who called it 'strange' to see him at Trump rally Rubio responds to journalist who called it 'strange' to see him at Trump rally MORE's nominee to serve as attorney general, said on Tuesday that it would be illegal for a U.S. president to pardon an individual if that person agreed not to incriminate the commander in chief in a criminal offense.

"Do you believe a president could lawfully issue a pardon in exchange for the recipient's promise not incriminate him?" Sen. Patrick LeahyPatrick Joseph LeahyTrump planning Air Force One flyover during July 4 celebration at Mall: report Senators reach .5B deal on Trump's emergency border request Senators reach .5B deal on Trump's emergency border request MORE (D-Vt.) asked Barr during his confirmation hearing before the Senate Judiciary Committee.

"No, that would be a crime," Barr said. 

ADVERTISEMENT
The pointed question comes as Democrats warn that President Trump could seek to interfere in special counsel Robert MuellerRobert (Bob) Swan MuellerKamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Kamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Dem committees win new powers to investigate Trump MORE's Russia investigation — a probe Barr has vowed he will allow to run its course unhindered.

Mueller already has a series of cooperating witnesses working with his investigation as he continues to examine possible ties between the Trump campaign and Russia.

They include former Trump campaign aides Michael Flynn, Richard Gates and George PapadopoulosGeorge Demetrios PapadopoulosInquiry into origins of Russia investigation is a scam Trump accuses Democrats of crime amid rising calls for impeachment Comey: Trump peddling 'dumb lies' MORE, as well as Trump's former personal lawyer Michael Cohen.

Flynn and Gates have pleaded guilty to charges stemming from the investigation and are awaiting sentencing, Papadopoulos served 12 days for lying to investigators about his contacts with Russia-linked officials during the campaign and Cohen pleaded guilty to making false statements to a bank, a campaign finance violation and lying to Congress.

Paul ManafortPaul John ManafortJustice Department intervenes, keeps Manafort from being sent to Rikers Island: report Justice Department intervenes, keeps Manafort from being sent to Rikers Island: report The Hill's 12:30 Report — Presented by MAPRx — Supreme Court double jeopardy ruling could impact Manafort MORE, Trump's former campaign chairman, was cooperating with the investigation until Mueller's team recently accused him of lying to them, which Manafort's team denies.

Manafort was convicted of multiple counts of fraud, and then pleaded guilty to conspiracy charges to avoid a second trial. He is also awaiting sentencing.

— This report was updated at 11:51 a.m.