Scott Bloch - Criminal Conviction

Criminal Conviction

On April 27, 2010 Bloch pleaded guilty to criminal contempt of Congress for, according to the U.S. Attorney, "willfully and unlawfully withholding pertinent information from a House committee investigating his decision to have several government computers wiped ...." Bloch was originally slated to be sentenced on July 20, 2010. However, the sentencing was postponed after watchdog groups objected to a plea deal which would likely have seen Bloch get only probation. Contempt of Congress carries a maximum sentence of six months in prison. On February 2, Magistrate Judge Deborah A. Robinson ruled that Bloch faces a mandatory sentence of at least one month in prison.

The misdemeanor contempt statute to which he pled, 2 USC § 192, concerns either failure to answer questions by investigating members of Congress, or failure to provide evidence requested by investigating members of Congress, or both, by someone who has been summoned as a witness by a Congressional investigative body. Bloch was not under oath during his Congressional testimony, which concerned the "level seven wipe" incident in the Office of Special Counsel referenced above. He was questioned by members of Congress for over two hours, a year and a half after the events occurred. Bloch testified without any reference to notes or documents of any kind; it is not clear whether such notes or documents were requested by Congress when Bloch was summoned to testify, or whether, conversely, he was prohibited from making reference to any documentation. The plea included an admission by Bloch that he did not fully cooperate with Congress in his testimony, regarding five specific questions and answers out of the greater number of questions which Congress asked and Bloch answered.

Bloch has moved to withdraw this plea on the basis that it was obtained in violation of the Constitution and the federal rules governing pleas. The open records of the Court indicate that the U.S. Attorney has entered into negotiations for a different misdemeanor plea should Bloch's previous plea be vacated by the U.S. District Court, where the appeal is pending.