10 legal experts on why Trump can't pardon his way out of the Russia investigation

[Quixote1818]

“It may prove to be one of the stupidest things he has yet done.”

By Sean [e-mail]@vox.com Updated Mar 28, 2018, 1:41pm EDT VOX

Snip: I reached out to 10 legal experts and asked them if the Arpaio decision is a signal of how Trump might seek to undercut the Russia investigation. I also asked what it would mean for the investigation if Trump pardoned key players in the scandal like Paul Manafort, Michael Flynn, or Jared Kushner before any of them could be convicted.

While it’s impossible to predict what Trump will do, nearly all the experts I spoke to agree on one thing: If Trump does use his pardoning powers to thwart the Russia investigation, it’s very likely to backfire.

If someone like Flynn or Kushner were preemptively pardoned, he wouldn’t be able to plead the Fifth Amendment if he were called to testify against Trump. The Fifth Amendment protects citizens against self-incrimination. But if someone has been pardoned, they no longer face the threat of prosecution, and so they can’t use a desire to avoid incriminating themselves as an excuse not to answer a question.

So in addition to potentially obstructing justice, Trump would only leave himself — and his colleagues — more vulnerable if he decided to pardon anyone currently under investigation. Of course, that doesn’t mean he won’t pull the trigger anyway. But he might want to think long and hard about the implications before he does.

More: https://www.vox.com/2017/8/29/16211784/trump-pardons-manafort-flynn-mueller

[drray23]

1. But if they still refuse to talk.

Since they can no longer invoke the fifth, the judge would find them in contempt. Is that in itself a federal offense ? If so, what stops Trump from pardoning that as well ?

[Cha]

2. So while you're wandering around the Rose Garden in your bathrobe and pardoning people on Twitter

Link to tweet

While it’s impossible to predict what Trump will do, nearly all the experts I spoke to agree on one thing: If Trump does use his pardoning powers to thwart the Russia investigation, it’s very likely to backfire.

If someone like Flynn or Kushner were preemptively pardoned, he wouldn’t be able to plead the Fifth Amendment if he were called to testify against Trump. The Fifth Amendment protects citizens against self-incrimination. But if someone has been pardoned, they no longer face the threat of prosecution, and so they can’t use a desire to avoid incriminating themselves as an excuse not to answer a question.

[onenote]

3. They could still invoke the Fifth Amendment if they could be charged

with a state law criminal violation based on their testimony.