General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhen someone gets a Presidential pardon
Last edited Sun Jan 27, 2019, 11:19 PM - Edit history (1)
They lose their right to claim the 5th in any future testimony for the President. They are forced to testify.
So for Trump this means that if he pardons Manafort and Roger Stone now they can still sink him in any future criminal case. Trump is better off if they dont ever testify.
Its a lose/lose for Trump. He will save his only own ass.
Edited to add a link regarding whether Trump pardoning someone to protect himself for his crimes is illegal.
https://thehill.com/opinion/white-house/418673-manafort-pardon-would-be-impeachable-indictable-and-convictable
Greywing
(1,124 posts)even by those who have been indicted and are hoping for pardons.
dewsgirl
(14,961 posts)Lindsay
(3,276 posts)The President can't pardon state charges, but pardons will apply to SDNY charges.
lunatica
(53,410 posts)My understanding is that accepting pardons is to admit guilt. If after the President is impeached or leaves office State charges are brought against him the people he pardoned have to testify. They cant plead the 5th after admitting guilt to their crimes.
Am I missing something?
TheBlackAdder
(28,261 posts).
So, if there is a federal charge for a criminal act, the state(s) cannot bring their own versions of it to trial.
.
lunatica
(53,410 posts)But Trump as well as Manafort and Stone probably have separate charges on a state level that are not connected to any federal charges. Maybe in more than one state too. I think there are a few money laundering incidences in other states than New York.
EffieBlack
(14,249 posts)Trump can only pardon people for federal crimes. He has no power to use the pardon to insulate anyone from being prosecuted for or convicted of state crimes.
If a person accepts a pardon for a federal crime, they can no longer refuse to testify on the grounds that they could incriminate themselves in a federal criminal case. However, because they are still susceptible to jeopardy for state crimes, they could refuse to testify on the grounds that they may incriminate themselves in a state case if the testimony could implicate them in any state crimes.
EffieBlack
(14,249 posts)lunatica
(53,410 posts)its a moot question whether his crime was federal or state
https://thehill.com/opinion/white-house/418673-manafort-pardon-would-be-impeachable-indictable-and-convictable
EffieBlack
(14,249 posts)A president has no power to pardon anyone for a state crime. But his power to pardon someone for a federal crime is virtually unlimited. It's possible that he could be impeached for it, and, as this opinion piece posits, even indicted and convicted of a crime. But that would probably not invalidate the pardon itself.
lunatica
(53,410 posts)but once he isnt President anymore the people he pardons can be made to testify against him. At that point he would be a civilian with no pardoning powers. The only thing that could get him off would be the then Presidents pardon. He could be tried, possibly, for obstruction of justice and trying to cover up his own crimes.
The point is that if he isnt President anymore he has no more Presidential powers.
EffieBlack
(14,249 posts)involvement in the crimes hes accused of, they can refuse to testify against him claiming potential self-incrimination.
Hoyt
(54,770 posts)mitch96
(13,947 posts)If they lie for tRump, go to jail they then get a pardon from the shitstain. Then if tRump goes on trial and they lie again they go to jail again but with no pardon. Is this right?
m
lunatica
(53,410 posts)Because when they accept the pardon they are admitting guilt. They would actually have to testify against Trump about what they were pardoned for, in order to stay out of trouble. Thus Trumps dilemma about pardoning them. They would stay free if they testify with the truth.