WHY DUMP CAN'T PARDON HIS WAY OUT OF THE SPECIAL COUNSEL AND COHEN INVESTIGATIONS

[fleur-de-lisa]

https://www.citizensforethics.org/pardonpower/

Media commentators, scholars, and even the president’s allies have speculated that President Trump might “pardon his way out” of the Department of Justice investigations of potential cooperation between Russia and the Trump campaign and obstruction of justice and of President Trump’s attorney Michael Cohen. This strategy would entail issuing presidential pardons to targets of these investigations in the hope that eliminating their exposure to federal charges will prevent them from cooperating with investigators.

Considering the possibility of a pardon strategy is no mere academic exercise. There are many indications that President Trump has contemplated employing it. Last fall, the president’s attorneys reportedly broached pardons with attorneys for former Trump campaign manager Paul Manafort and former Trump National Security Adviser Michael Flynn. This March, immediately following FBI raids to gather evidence from the President’s Trump Organization associate and former lawyer, Michael Cohen, the president issued a pardon to former Vice President Cheney aide I. Lewis “Scooter” Libby, who was convicted of obstruction of justice and perjury charges stemming from an earlier investigation. Many interpreted that pardon as a signal that President Trump is open to clemency for individuals convicted for lying under oath.

Such a pardon strategy, however tempting it might appear to the president, is fatally flawed. There are two simple reasons for that. First, receiving a federal pardon will not protect key defendants from exposure to state criminal prosecution (as well as state and federal civil liability). In addition, granting a pardon with corrupt intent or for the purpose of interfering or preventing witness testimony could well expose President Trump to impeachment and personal criminal liability for obstruction of justice or bribery. In other words, pardoning key defendants will only complicate, not resolve, President Trump’s legal predicaments.

[yodermon]

1. "expose President Trump to impeachment"

which means he won't care, and will do it anyway, bcz congress repubs are lapdogs

[rso]

2. 5th Amendment

And all pardoned individuals automatically forfeit their 5th Amendment protections, meaning they either spill the proverbial beans or get indicted again.

[onenote]

3. Actually its not that clear cut

It's the other side of the "Presidential pardons don't protect one from a state prosecution" coin. The reason a pardon is said to result in the recipient losing their protection against self-incrimination is that there is no risk of prosecution if one has been pardoned. BUT...if there is still a risk of prosecution at the state level, then there is still a strong argument that the recipient of the pardon should retain his/her 5th amendment right against self-incrimination.

[rso]

4. 5th Amendment

Actually, it is clear cut if the pardon is pre-emptive.

[onenote]

5. Why? Even a pre-emptive pardon is only applicable to federal charges

If the same events can give rise to a state criminal charge, then it doesn't matter whether the federal pardon was prior to conviction or before conviction (or even before federal charges were brought). The Fifth Amendment would still protect the recipient of the pardon from having to testify if it could incriminate them with regard to state criminal charges.