If Manafort and Cohen get pardoned

[edhopper]

can they be compelled to testify on threat of contempt?

Since they no longer can self incriminate.

[edhopper]

3. If Trump offers a pardon before

is that obstruction?

[The Velveteen Ocelot]

9. Could be, if the pardon is offered in exchange for silence.

The problem is that once someone has been pardoned they can no longer plead the fifth because they are no longer in jeopardy. So they’d have to answer prosecutors’ questions.

[Guy Whitey Corngood]

4. Nixon was never convicted. But Cohen's fucked anyway. nt

[edhopper]

8. That is right

so he can issue a pre-conviction pardon.

[Guy Whitey Corngood]

16. For anything at the federal level, I suppose so. Cohen's possible conviction would be

at the state level.

[The Velveteen Ocelot]

5. Not true. Ford pardoned Nixon before he was ever charged.

[exboyfil]

11. And my high school Civics instructor

was very critical of that pardon. It was never challenged in Court. I guess an old SC case supported preemptive pardons, but it seems to totally defeat our concept of equality under the law. A conviction implies that an investigation actually occurred into the facts of the case, and those facts and the other parties that were involved need to be known.

I guess we could expect a final SC case that says only Republican presidents can issue preemptive pardons (kind of like Bush v. Gore).

[DemocratSinceBirth]

7. My friend. Nixon got a prospective pardon

Also, Jimmy Carter pardoned Vietnam era draft dodgers, many of whom weren't convicted of anything, much less charged.

[DemocratSinceBirth]

2. Yep and if they lie Trump can theoretically pardon them again

[NightWatcher]

6. So when do you think they get pardoned?

I'm guessing by Monday... if putin doesn't reach out and let something happen to him in jail.

[BumRushDaShow]

10. I know I am probably wrong but

gut says Manafort will spend the weekend in jail while the paperwork is being put together and maybe sometime next week (or at least before the trial which I think is sometime in July), he'll be free. I can even envision a July 4th extravaganza of a pardon.

Thing is, I don't expect Cohen to get a pardon though. Again I may be wrong but seems like Cohen may be fucked - which is why the rumors of him flipping and essentially getting thrown under the bus by his former employer.

[sunonmars]

12. A stand must be taken if he does, This has to stop.

[BumRushDaShow]

15. The only other stopgap is NY State

assuming they can bring specific counts of charges that are separate from any federal charges already under consideration to avoid double-jeopardy (unless they change their law asap).

[unblock]

13. it's a bit complicated:

they no longer would have 5th amendment protections against self-incrimination, but that only applies for the specific crimes covered by the pardon.

if those are the only crimes possible, then yes, they could be compelled to testify.

however, it is still possible that answering certain questions would involved self-incrimination with respect to a state-level crime, or perhaps some federal crime not covered by the pardon. in that case, the pardoned person could still use the 5th amendment to avoid answering questions.



in any event, donnie's best strategy is to hold off on issuing pardons until the person has done everything he wants them to do, which presumably would include refusing to testify and/or lying under oath to protect donnie. he could then pardon those further crimes as well.

[sunonmars]

14. If Donny tries this, The Dems must be prepared for war, shut down congress, the country and protest.