The most important moment at the Whitaker hearing and most missed it....about pardons

[iluvtennis]

@AdamParkhomenko
The most important moment at the Whitaker hearing and everyone missed it.

Link to tweet

[denbot]

1. Holy Shit!

Not like it is unexpected, but holy shit! How can you have a pardon ready if you are not aware of a crime!

[Laura PourMeADrink]

7. Hmmm. But, couldn't it have been anyone - non-Trump related too?

[Grasswire2]

2. that plus the admission that someone connected to Nunes was taking the briefing with him.

[link:https://www.democraticunderground.com/100211797394|

[rickford66]

3. Go ahead and hand out the pardons.

They can only be accepted IF the recipient is convicted of a crime, accepts guilt AND cannot plead the 5th after that.

[theboss]

4. That's not true

Nixon was pardoned before any indictment.

[theboss]

5. The 5th Amendment part is true

The rest is not.

[rickford66]

8. That's enough then.

If they don't truthfully testify, they commit perjury. Is that correct ?

[unblock]

10. False testimony isn't automatically perjury.

It has to be knowingly false and material to the matter at hand.

[rickford66]

14. So ....

If they are subpoenaed to testify and they knowingly falsely testify, then they can be charged and convicted of perjury. Is THAT correct ?

[unblock]

18. It has to be material too, but yes.

Lying about something innocuous isn't perjury.

[rickford66]

19. Finally.

Have a heart.

[unblock]

20. Lol! Thanks!

[unblock]

9. Covered many times here

Conviction isn't necessary. A pardon can be given at any point after the commission of a crime.

Acceptance of the pardon is technically necessary to utilize the pardon, but admission of guilt isn't. It's likely only dicta in the burdick case. Certainly admission of guilt makes no sense in pardons granted due to dna exoneration.

Once a pardon has been officially accepted, he can't invoke the 5th to the extent it relates to the pardoned crimes, but he can still can't be compelled to incriminate himself with respect to any crimes not covered by the pardon, whether state level crimes or other federal level crimes.

[iluvtennis]

16. Thanks for the explanation- much appreciated

[UpInArms]

15. Casper Weinberger

http://content.time.com/time/specials/packages/article/0,28804,1862257_1862325_1862322,00.html

Former Defense Secretary Weinberger and six other defendants were criticized for participating in the transfer of U.S. anti-tank missiles to Iran in what became known as the Iran-Contra Affair. Weinberger was charged with lying to the independent counsel after he resigned in 1987. But the pardon by President George H.W. Bush essentially halted the legal proceedings against Weinberger and his fellow defendants, as well as against Bush himself, who could have been called to testify as a former member of the Reagan administration. Independent council Lawrence Walsh, who had been investigating the affair, disapproved of the pardon, saying: "The Iran-Contra coverup... has now been completed."

[PTWB]

6. Was the context the Meuller investigation?

Or is this just a generic anyone in the federal system looking for a pardon? If it’s from the Meuller investigation it is damning.

[duforsure]

11. Could he have looked at the Joe Arpario pardon paperwork?

[dem4decades]

12. I believe I heard that. It was the last question of the day, as her time ran out. There was no

time for a follow up question. He ran out the clock. Didn't anyone else ask that question?

[ecstatic]

13. I wish the chairman would have followed up,

but he changed the subject, causing many people to forget.

[Power 2 the People]

17. Surprising??? NOT!!!