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Simple question for our lawyers here, when tRUMP loses in Nov. (Original Post) bluestarone May 2020 OP
Yes. Why would he, who do you think is going to prosecute them (and for what specific offense)? n/t PoliticAverse May 2020 #1
Well not being a lawyer myself, i would think there is bluestarone May 2020 #5
I'm not a lawyer, but I assume he could. DavidDvorkin May 2020 #2
Doesn't protect them from state charges, and pardons are admission of guilt and need convicted? Brainfodder May 2020 #3
No. former9thward May 2020 #35
Yes elleng May 2020 #4
TKS! bluestarone May 2020 #6
RIGHT! elleng May 2020 #13
Yes, but only for federal crimes. The Velveteen Ocelot May 2020 #7
So if they accept a pardon can THAT be used against them bluestarone May 2020 #8
Depends on what they are. The Velveteen Ocelot May 2020 #11
Not clear you're admitting the crime, but yes, you could be compelled to testify unblock May 2020 #15
Yes. It depends entirely on what state law you are being charged with. The Velveteen Ocelot May 2020 #17
Yes he can. But we will have to save the economy and lives before we can even consider Demsrule86 May 2020 #9
Of course he can snowybirdie May 2020 #10
Bush pardoning six Iran Contra exboyfil May 2020 #30
Don't you have to be charged and judged to verdict to be eligible for a pardon? not_the_one May 2020 #12
I do not believe so bluestarone May 2020 #14
You don't literally plead guilty, as one would in court. The Velveteen Ocelot May 2020 #20
Gotcha TY bluestarone May 2020 #23
Ford issued a blanket, unconditional pardon of Nixon. Tanuki May 2020 #16
No. Ford pardoned Nixon for all crimes he might have committed as President. The Velveteen Ocelot May 2020 #18
No. For example President Carter pardoned all Vietnam draft evaders... PoliticAverse May 2020 #27
Apart from the pardons, I worry about what it is going to take to pry him out of OUR HOUSE niyad May 2020 #19
All it will take is a few federal marshals. The Velveteen Ocelot May 2020 #21
I can see his supporters, with their phallic substitutes, trying to stop the marshals. niyad May 2020 #28
When he TRULY loses i see no problem then bluestarone May 2020 #22
Yes Cicada May 2020 #24
We need a Presidential Powers Amendment to fix this. dawg May 2020 #25
I personally see no fucking good reason for this BLANKET PARDON BULLSHIT myself, BUT bluestarone May 2020 #29
All pardons should have to go through a committee of randomly assigned judges. Jake Stern May 2020 #37
I don't think the President should be involved with this sort of thing at all. dawg May 2020 #39
IF Trump loses. Get ready for the biggest smear campaign against Joe Biden in the history of US. Doodley May 2020 #26
He will pardon everyone and resign two days before the end of term, Pence will then pardon him. PuppyBismark May 2020 #31
I agree which means for this plan to work, turmp cannot repleace Pence on the ticket Gothmog May 2020 #33
Actually i wonder IF HE bluestarone May 2020 #34
I don't think so Jake Stern May 2020 #40
He could but how would that benefit Trump as he leaves office? Kablooie May 2020 #32
Vengeance and spite Jake Stern May 2020 #38
Glenn Kirshner has a plan for that. gibraltar72 May 2020 #36

bluestarone

(16,900 posts)
5. Well not being a lawyer myself, i would think there is
Sun May 10, 2020, 12:41 PM
May 2020

A hell of a lot of things they could be charged with?

Brainfodder

(6,423 posts)
3. Doesn't protect them from state charges, and pardons are admission of guilt and need convicted?
Sun May 10, 2020, 12:40 PM
May 2020

..or has that changed, too?

former9thward

(31,965 posts)
35. No.
Sun May 10, 2020, 01:45 PM
May 2020

And nothing has ever changed. A person can be pardoned without a conviction. Ford pardoned Nixon without any charges. Clinton pardoned Marc Rich, who was a fugitive and hiding in Switzerland, and had never faced trial. So yes, that can be done and the person being pardoned does not have to admit anything.

Posters have posted about "state charges" for years now but there is no evidence anyone is seriously being investigated for state criminal charges.

The Velveteen Ocelot

(115,660 posts)
7. Yes, but only for federal crimes.
Sun May 10, 2020, 12:45 PM
May 2020

There are a lot of crimes arising under state laws that are similar to federal crimes, and presidents can't pardon those. Also, when you accept a pardon you are admitting to the crime and your Fifth Amendment rights regarding that crime are lost.

unblock

(52,182 posts)
15. Not clear you're admitting the crime, but yes, you could be compelled to testify
Sun May 10, 2020, 12:57 PM
May 2020

The "admitting the crime by accepting the pardon" part appeared in burdick v u.s., but is likely dicta as it wasn't necessary for the decision and it didn't consider obvious exceptions such as a pardon of someone later found to be innocent (dna evidence, e.g.) or an unjust law, etc., judicial misconduct, etc.

However, yes, if you accept the pardon, you're no longer subject to prosecution for the specific crimes pardoned, so you might be able to be compelled to testify. However, only if there are no other laws under which you might still be liable.

For instance, with a federal pardon, you still could be at risk under state law, so you might still be able to avoid testifying against yourself.

The Velveteen Ocelot

(115,660 posts)
17. Yes. It depends entirely on what state law you are being charged with.
Sun May 10, 2020, 01:01 PM
May 2020

State tax evasion, for example, could be a whole different can of worms from federal tax evasion.

Demsrule86

(68,539 posts)
9. Yes he can. But we will have to save the economy and lives before we can even consider
Sun May 10, 2020, 12:48 PM
May 2020

this anyway...Let the new installed justice department handle this...our elected need to pass progressive policies that will send help to a desperate people.

snowybirdie

(5,222 posts)
10. Of course he can
Sun May 10, 2020, 12:48 PM
May 2020

Remember all the heat Clinton took when he issued several controversial pardons the morning of Bush 43 inauguration?

 

not_the_one

(2,227 posts)
12. Don't you have to be charged and judged to verdict to be eligible for a pardon?
Sun May 10, 2020, 12:51 PM
May 2020

Doesn't there have to be a guilty verdict to BE pardoned?

Don't try to touch another one of the guilty pieces of shit until January 21st, then turn them over to NEW Attorney General Kamala Harris, with the guidance of "THROW THE BOOK AT THEM".

Just saying "this person can never be accused or prosecuted for any possible crime" doesn't seem legal. Of course, legality has never stopped them yet...

bluestarone

(16,900 posts)
14. I do not believe so
Sun May 10, 2020, 12:54 PM
May 2020

The asshole CAN pre-pardon all federal charges, i'm sure! BUT like mentioned above if they accept pardon they plead guilty!

The Velveteen Ocelot

(115,660 posts)
20. You don't literally plead guilty, as one would in court.
Sun May 10, 2020, 01:04 PM
May 2020

Accepting a pardon is effectively admitting the crime because you can be required to testify about what you did since you no longer have 5th Amendment protection, but it's not technically a guilty plea.

The Velveteen Ocelot

(115,660 posts)
18. No. Ford pardoned Nixon for all crimes he might have committed as President.
Sun May 10, 2020, 01:02 PM
May 2020

Nixon was never charged, let alone convicted.

niyad

(113,223 posts)
19. Apart from the pardons, I worry about what it is going to take to pry him out of OUR HOUSE
Sun May 10, 2020, 01:03 PM
May 2020

after he loses.

The Velveteen Ocelot

(115,660 posts)
21. All it will take is a few federal marshals.
Sun May 10, 2020, 01:06 PM
May 2020

On January 20 at noon he will be a private citizen, and if he doesn't leave then he will be trespassing on government property and can be removed, just like any other private citizen.

bluestarone

(16,900 posts)
22. When he TRULY loses i see no problem then
Sun May 10, 2020, 01:06 PM
May 2020

He WILL be removed! BUT will the civil rule of law be broken? THIS i don't know! W ill be interesting for sure!

dawg

(10,622 posts)
25. We need a Presidential Powers Amendment to fix this.
Sun May 10, 2020, 01:09 PM
May 2020

I know Presidential pardons have been used in a benevolent way in the past, but any possible good is overwhelmingly outweighed by the potential for abuse and the very real ability of a President and his goons to act above the law.

The Presidential Pardon needs to be confined to the dustbin of history, just like we did with unlimited Presidential Terms and election of Senators by state legislatures.

bluestarone

(16,900 posts)
29. I personally see no fucking good reason for this BLANKET PARDON BULLSHIT myself, BUT
Sun May 10, 2020, 01:13 PM
May 2020

Maybe someone here could explain when the pardon actually started, AND maybe why it could be something we need?

Jake Stern

(3,145 posts)
37. All pardons should have to go through a committee of randomly assigned judges.
Sun May 10, 2020, 02:07 PM
May 2020

along with the President and AG.

dawg

(10,622 posts)
39. I don't think the President should be involved with this sort of thing at all.
Sun May 10, 2020, 02:14 PM
May 2020

If new evidence arises in a case that might be exculpatory, there should be a mechanism for evaluating whether to void the conviction, but otherwise, let lawful convictions stand.

Doodley

(9,078 posts)
26. IF Trump loses. Get ready for the biggest smear campaign against Joe Biden in the history of US.
Sun May 10, 2020, 01:11 PM
May 2020

Remember, Hillary Clinton's approval was 65% before Republicans and Trump set out to redefine her.

PuppyBismark

(594 posts)
31. He will pardon everyone and resign two days before the end of term, Pence will then pardon him.
Sun May 10, 2020, 01:33 PM
May 2020

No question, he will pardon everyone. Then resign one or two days before the end of his term in January. Pence will become president for a day and will then pardon tRump. So we will not have an opportunity to get tRump at the federal level, but I hope New York and other states will go after him.

I would hope New York will have the indictment ready and will grab him as he leaves the White House, otherwise I suspect he will flee the country.

Gothmog

(145,079 posts)
33. I agree which means for this plan to work, turmp cannot repleace Pence on the ticket
Sun May 10, 2020, 01:40 PM
May 2020

trump will need Pence if he wants to get an enforceable pardon

Jake Stern

(3,145 posts)
40. I don't think so
Sun May 10, 2020, 02:17 PM
May 2020

1. His ego wouldn't let him resign. That's showing weakness in his eyes.

2. He's packed the court, especially SCOTUS with sychophants so he can get any action stalled pretty much indefinitely.

3. Let's be brutally honest for a second. The Dems don't exactly have a proven track record of prosecuting people from past administrations for malfeasance, instead preferring to "look forward" as Obama put it. Otherwise Shrub, Darth Cheney and a gaggle of others would probably be in prison. So if history holds, he doesn't really have much to worry about there.

Kablooie

(18,624 posts)
32. He could but how would that benefit Trump as he leaves office?
Sun May 10, 2020, 01:37 PM
May 2020

That's the only criteria Trump uses.

He doesn't care about future policies, the direction of the country, repaying debts or rewarding slavish devotion to his person.
Even securing their support for the future isn't a consideration.

The only consideration is if pardoning someone would immediately benefit him in some obvious way.
In most cases it wouldn't so I don't expect a lot of pardons once he embarks on his last 2 1/2 month vendetta to destroy the United States for voting him out of office.

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