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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe pardon for Bannon has gaps that will let DOJ pursue other criminal charges
Link to tweet
https://www.justsecurity.org/74241/the-gaps-in-trumps-pardons-how-the-biden-administration-can-still-pursue-justice/
POSTSCRIPT BY AUTHOR ON PARDON FOR STEPHEN BANNON
On the last day of his presidency, Trump issued a pardon to Steve Bannon, who was under indictment in federal court in New York, and was awaiting trial. The pardon has similar flaws as that noted above: it applies to the pending offenses charges, and not the underlying conduct, as it pardons Bannon for the specific counts charged. It also pardons crimes that could be charged for the underlying conduct under chapter 95 of title 18 of the United States Code (basically racketeering type charges). But that clearly leaves unpardoned numerous potential federal charges, such as mail and wire fraud. It is rare that a prosecutor charges all such counts that could be charged, as it would overwhelm a jury and is unnecessary to increasing a sentence upon conviction. (In Enron, for instance, we could have charged hundreds of such charges against certain participants, but we opted to charge representative examples.)
It is thus highly likely that local federal prosecutors will be scouring their evidence to determine what other charges can be brought. The decision about whether to charge these new counts, however, is relatively easy, if there is sufficient evidence, since the decision about whether this defendant should be charged with in connection with the conduct at issue had already been answered in the affirmative. Finally, whether or not the federal authorities take this step, the state prosecutors are free to charge this scheme under New York law, for which a pardon has no effect.
On the last day of his presidency, Trump issued a pardon to Steve Bannon, who was under indictment in federal court in New York, and was awaiting trial. The pardon has similar flaws as that noted above: it applies to the pending offenses charges, and not the underlying conduct, as it pardons Bannon for the specific counts charged. It also pardons crimes that could be charged for the underlying conduct under chapter 95 of title 18 of the United States Code (basically racketeering type charges). But that clearly leaves unpardoned numerous potential federal charges, such as mail and wire fraud. It is rare that a prosecutor charges all such counts that could be charged, as it would overwhelm a jury and is unnecessary to increasing a sentence upon conviction. (In Enron, for instance, we could have charged hundreds of such charges against certain participants, but we opted to charge representative examples.)
It is thus highly likely that local federal prosecutors will be scouring their evidence to determine what other charges can be brought. The decision about whether to charge these new counts, however, is relatively easy, if there is sufficient evidence, since the decision about whether this defendant should be charged with in connection with the conduct at issue had already been answered in the affirmative. Finally, whether or not the federal authorities take this step, the state prosecutors are free to charge this scheme under New York law, for which a pardon has no effect.
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The pardon for Bannon has gaps that will let DOJ pursue other criminal charges (Original Post)
highplainsdem
Jan 2021
OP
Cha
(297,250 posts)1. Rt TY.. that sounds Hopeful that the
Bannon Can be brought to Justice!
CentralMass
(15,265 posts)2. Gee, that's a shame.
secondwind
(16,903 posts)3. Couldn't happen to a nicer guy...............
NoRoadUntravelled
(2,626 posts)4. This is good news. nt
mzmolly
(50,993 posts)5. :D
Irish_Dem
(47,107 posts)6. Deliberate or sloppy?
Beachnutt
(7,324 posts)7. Mr Bannon is there anything you would like to tell us ?
Hehe, squeeeele you pig...
Hoyt
(54,770 posts)8. Assuming DOJ wants to fight trump's intent through courts.
Bannon like trump is a worthless POS, but that doesnt mean hell be convicted.
Gothmog
(145,278 posts)9. trump screwed up these pardons