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Madam45for2923

(7,178 posts) Fri Jul 21, 2017, 10:03 PM Jul 2017

Is it right that whoever a President pardons cannot then plead the 5th b/c cannot incriminate self [View all]

Last edited Sat Jul 22, 2017, 07:03 AM - Edit history (2)

any longer? Is this like immunity?

Edit to add this article link provided by PoliticAverse:

How a Presidential Pardon Could Backfire

President Trump is considering pardoning family members and staffers caught up in the Russia investigation, but legal experts warn that it could backfire by making it harder for them to avoid testifying.

Under the Fifth Amendment to the Constitution, Americans are protected against self-incrimination, but people who have been pardoned are no longer under any legal jeopardy, Harvard Law School Professor Laurence Tribe told TIME.

"Anyone pardoned by Trump would lose most of the 5th Amendment’s protection against compelled testimony that might otherwise have incriminated the pardoned family member or associate, making it much easier for DOJ and Congress to require such individuals to give testimony that could prove highly incriminating to Trump himself," Tribe said in an email.

http://time.com/4868418/donald-trump-presidential-pardons-backfire/

22 replies

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Is it right that whoever a President pardons cannot then plead the 5th b/c cannot incriminate self [View all] Madam45for2923 Jul 2017 OP

That's the legal theory. Foamfollower Jul 2017 #1

Interesting and interesting about Nizon not pardoning anyone because of that. Madam45for2923 Jul 2017 #5

That's the way I understand it Kaleva Jul 2017 #2

And they cannot plead the 5th... forgotmylogin Jul 2017 #18

bingo GulfCoast66 Jul 2017 #3

2018 is around the corner though. Madam45for2923 Jul 2017 #11

Yes. For a discussion see this Time Magazine article... PoliticAverse Jul 2017 #4

Thanks for the info/link!!! Madam45for2923 Jul 2017 #6

A clear example of being careful what you wish for. Stinky The Clown Jul 2017 #7

Or people not pardoned might roll on Donald. Madam45for2923 Jul 2017 #10

If a person is pardoned TomSlick Jul 2017 #8

Aha! So good to know. Madam45for2923 Jul 2017 #9

Thanks for that, good to know. byronius Jul 2017 #12

But... wcmagumba Jul 2017 #13

One good thing is that Presidents cannot do pardons in the individual States courts like NY, NJ etc. Madam45for2923 Jul 2017 #14

Correct TomSlick Jul 2017 #15

But he cannot pardon in States' courts! Madam45for2923 Jul 2017 #16

Also correct. TomSlick Jul 2017 #17

For the most part I think that is correct but I can see scenarios where it might not be dsc Jul 2017 #19

But if not pardoned for something can get prosecuted for that exact something. Madam45for2923 Jul 2017 #20

Kicking! Madam45for2923 Jul 2017 #21

Kicking! Madam45for2923 Jul 2017 #22