Can Michael Flynn be called in to testify in front of the House the day after Trump pardons him?

[TheBlackAdder]

.

Just wondering if those Trump pardons can be called in to testify, and face imprisonment if they lie, before Trump resigns.

This way, there might be evidence that Pence would have to see before he issues Trump a blanket pardon.

.

[lisa58]

1. Yup

[Algernon Moncrieff]

2. My understanding - he would not be able to seek the protection of the 5th Amendment

If he's pardoned, he cannot be convicted. Therefore, he cannot incriminate himself. Therefore, he cannot seek the protection of the 5th Amendment for crimes for which he has been pardoned. And he would still be expected to testify truthfully (although "not recollecting" is a time-honored tactic here).

[dware]

3. That's not true,

he can plead the 5th if there are possible state charges related to the Fed. pardon.

[bullimiami]

4. So pleading the 5th after a pardon is ipso facto evidence

of further guilt.

Seems nice. Plead the 5th get charged, lie, get charged.

[onenote]

8. No.

If a person is exposed to liability at the state level, he/she can plead the fifth in a federal matter, even if they've received a pardon that protects them from federal liability.

If the person doesn't face exposure to liability at the state level, the court can reject their assertion of the fifth.

But in neither of these situations does the assertion of the fifth (where it is allowed or where it is rejected) "ipso facto" constitute evidence of guilt (or anything else).

Law school 101.

[ripcord]

9. Doesn't work that way

Claiming your rights under the 5th amendment can never be considered to be proof of guilt.

[Demsrule86]

5. Yes he could be but should he be NO. We need to have Congress work on helping

the American people...People are starving. Let the AG and New York take care of Trump ET AL...we need to move on in Congress.

[exboyfil]

6. I agree with you

But we are going to need some Congressional testimony on executive powers and emoluments and a bunch of other stuff that Trump did that a President should never do.

[Demsrule86]

13. There is no point unless we take the Senate...much of that stuff is in the constitution and beyond

our powers to change.

[Sewa]

11. Congress has the ability to do more than one thing

They passed many bills during Trump’s impeachment hearings.

[Demsrule86]

12. It is bad optics...and Trump's numbers improved when the Senate refuse to convict. Congress

should stay out of it and let the AG and states deal with this. Make the Mueller report public...put out the documents the GOP have fought so hard against being released...hey we may get some Senators who no doubt broke the law...let justice handle it. We have two years to convince Americans we are sending help and working for them or we lose the house.

[AmericanCanuck]

7. They will wait until Jan 21st

Then he will have no one to pardon him if he perjures himself or decides not to show up.

[SeattleVet]

10. He can be called before the Sharpie is even dry.

But I doubt he will be.