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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 TrumpPennsylvania Supreme Court strikes down GOP bid to stop election certification Biden looks to career officials to restore trust, morale in government agencies Sunday shows preview: US health officials brace for post-holiday COVID-19 surge 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 LeahyThe Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Trump OKs transition; Biden taps Treasury, State experience Durbin seeks to become top-ranking Democrat on Judiciary panel Feinstein to step down as top Democrat on Judiciary Committee MORE (D-Vt.) asked Barr during his confirmation hearing before the Senate Judiciary Committee.

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

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The pointed question comes as Democrats warn that President Trump could seek to interfere in special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout 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 PapadopoulosFlynn spurs questions of who Trump might pardon next Not treason, not a crime — but definitely a gross abuse of power Tale of two FBI cases: Clinton got warned, Trump got investigated 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 ManafortFlynn spurs questions of who Trump might pardon next On The Money: Initial jobless claims rise for 2nd week | Dow dips below 30K | Mnuchin draws fire for COVID-19 relief move | Manhattan DA appeals dismissal of Manafort charges Manhattan DA appeals dismissal of Manafort charges to NY high court 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.