Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
64 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Mueller's investigation is pardon proof -Federal local and state (Original Post) malaise Dec 2017 OP
Link? YessirAtsaFact Dec 2017 #1
I was watching on GEM$NBComcast n/t malaise Dec 2017 #2
Akerman nows what is up. Wellstone ruled Dec 2017 #3
Is that a TV thang? Does it help me now? Bernardo de La Paz Dec 2017 #21
I tried to tell this to the Thanksgiving Dinner guests (all Dems) BigmanPigman Dec 2017 #4
What does a state AG have to do with making federal offenses pardon proof? Bernardo de La Paz Dec 2017 #22
Schneiderman nails them on NY state charges of money laundering, and state charges tblue37 Dec 2017 #29
They are crimes normally handled in federal court but in this case the grantcart Dec 2017 #32
I hope Jaded (sic) gets his daddy's cell. nt NCjack Dec 2017 #5
Just think of the nice..... SergeStorms Dec 2017 #35
I'm thinking Kushner and Jr. will get pardoned... Xolodno Dec 2017 #6
They'll be eating borscht flamingdem Dec 2017 #7
Russia will not want them because... Duppers Dec 2017 #9
This is an interesting point. beastie boy Dec 2017 #18
Imagine that...... SergeStorms Dec 2017 #36
oh, Russia will want them alright azureblue Dec 2017 #38
But their bodies wouldn't be worth a plug nickel... Duppers Dec 2017 #41
Doubt if its borscht.... Xolodno Dec 2017 #15
Turd can't pardon himself. lagomorph777 Dec 2017 #8
We all know that.... Xolodno Dec 2017 #13
will it? getagrip_already Dec 2017 #23
Dowd and Dershowitz are pretty much the only people who believe that. lagomorph777 Dec 2017 #42
there are only 5 people on earth who's opinion matter.... getagrip_already Dec 2017 #43
They could bring the state charges first if they are able to bring state charges. Sophia4 Dec 2017 #28
the supremacy clause is trouble.... getagrip_already Dec 2017 #45
But the state case could be for a violation of a state law that has not parallel Sophia4 Dec 2017 #48
thats the keyhole to slither through..... getagrip_already Dec 2017 #51
Yes. Sophia4 Dec 2017 #58
Also, Laurence Tribe's statement yesterday about the Presidential immunity myth. byronius Dec 2017 #10
Excellent ! Duppers Dec 2017 #11
As folks I know like to say:hi: malaise Dec 2017 #16
How is it pardon proof NewJeffCT Dec 2017 #12
A Flynn pardon might be more damaging Nevernose Dec 2017 #14
according to Laurence Tribe NewJeffCT Dec 2017 #20
That doesn't explain the OP's BIZARRE theory about being pardon-proof FEDERALLY. . . nt Bernardo de La Paz Dec 2017 #24
Akerman said so malaise Dec 2017 #33
Only for state level crimes Nevernose Dec 2017 #27
There have been reports that Mueller IS coordinating with Schneiderman. pnwmom Dec 2017 #17
They'll get them at the state or local levels malaise Dec 2017 #19
Oh, now, over an hour later, you confess that you made a click bait title and HAVEN'T EDITED IT. Bernardo de La Paz Dec 2017 #25
Well if the Con is impeached that will be Federal malaise Dec 2017 #30
Click bait or not ... kst Dec 2017 #34
keep in mind... getagrip_already Dec 2017 #26
Good point malaise Dec 2017 #31
I don't see any state finding a jury that will convict these criminals. They'll be at least Hoyt Dec 2017 #37
This is what I have always said... it's the money laundering that will get him and his family. secondwind Dec 2017 #39
You have lots of fans at DI beaglelover Dec 2017 #40
why post what those fascist fucks think? Skittles Dec 2017 #46
They are our sister site. Why does it bother you so much? beaglelover Dec 2017 #47
fuck that shyte Skittles Dec 2017 #52
Not everyone on DI is a FASCIST FUCK. beaglelover Dec 2017 #53
but they don't EJECT fascist fucks Skittles Dec 2017 #54
Very true. Why would supposed Dems want to even post on that board? beaglelover Dec 2017 #55
I don't know Skittles Dec 2017 #56
You think? Maybe that's true. You should ask your buddy. beaglelover Dec 2017 #57
I have NO idea what you are talking about Skittles Dec 2017 #59
I believe that to be true. beaglelover Dec 2017 #60
over and out, for good Skittles Dec 2017 #61
Bwaaaaaaaaaaaaaaaaaah malaise Dec 2017 #49
You are VERY wise! beaglelover Dec 2017 #50
Yup workinclasszero Dec 2017 #44
And as Ari is saying right now the agreement Flynn signed is to cooperate with malaise Dec 2017 #62
"state and local prosecutors as well as Feds" workinclasszero Dec 2017 #63
Yep malaise Dec 2017 #64

BigmanPigman

(51,611 posts)
4. I tried to tell this to the Thanksgiving Dinner guests (all Dems)
Tue Dec 5, 2017, 04:45 PM
Dec 2017

that the NY AG will nail the fucking moron and the Baltimore AG will nail Jared. No pardons can help them in those situations! GOOD!

Bernardo de La Paz

(49,007 posts)
22. What does a state AG have to do with making federal offenses pardon proof?
Tue Dec 5, 2017, 06:00 PM
Dec 2017

The OP does nothing to explain this novel theory.

tblue37

(65,408 posts)
29. Schneiderman nails them on NY state charges of money laundering, and state charges
Tue Dec 5, 2017, 06:10 PM
Dec 2017

cannot be pardoned by the president. Only federal charges can.

They might have committed other state crimes, too.

grantcart

(53,061 posts)
32. They are crimes normally handled in federal court but in this case the
Tue Dec 5, 2017, 06:22 PM
Dec 2017

are keeping them off the table for possible state prosecution.

SergeStorms

(19,203 posts)
35. Just think of the nice.....
Tue Dec 5, 2017, 06:32 PM
Dec 2017

prison cell accoutrements Ivanka can have her slaves in China whip up for JarJar. It'll be downright homey for Man/Child 2. I'm sure she can come up with some nice gold accessories for Daddy's cell, knowing how fond Man/Child 1 is of everything gold colored. She'll be a busy, busy girl! It'll help he pass the time while she waits faithfully (ahem...) for her man to return from prison.

Xolodno

(6,395 posts)
6. I'm thinking Kushner and Jr. will get pardoned...
Tue Dec 5, 2017, 04:59 PM
Dec 2017

...then vacate the country before the state level kicks in. Dump will pardon himself and shortly follow. We could very well have our first criminal President living abroad. It will be Putin's final FU.

Some nations probably won't extradite given "they are pardoned" at the Federal Level and their treaties apply to the Federal Government and not state....or at least that's excuse they will give when they see Dump open a briefcase full of greenbacks.

Hopefully, I'm wrong and they do serve time.

Duppers

(28,125 posts)
9. Russia will not want them because...
Tue Dec 5, 2017, 05:22 PM
Dec 2017

They cannot effectively do anything for Russia at that point. Their assets and cash will be frozen.

beastie boy

(9,375 posts)
18. This is an interesting point.
Tue Dec 5, 2017, 05:45 PM
Dec 2017

Even if trump manages to get away with pardoning himself (thereby admitting guilt to the charges), the US, as well as a multitude of organizations and individuals, can go after the assets of the admitted criminal, both at home and abroad. He may keep his freedom but lose his pants.

Given trump's ego and vanity, he is more likely to survive losing the former than the latter.

SergeStorms

(19,203 posts)
36. Imagine that......
Tue Dec 5, 2017, 06:35 PM
Dec 2017

All of Trump's golf courses going to seed, returning the earth to it's natural state. It sounds wonderful, and I'm doubly sure the people of Scotland will be forever grateful.

azureblue

(2,146 posts)
38. oh, Russia will want them alright
Tue Dec 5, 2017, 06:56 PM
Dec 2017

it's called "collateral". You don't borrow from the Russian mob and think you can just walk away from it, do you?

Duppers

(28,125 posts)
41. But their bodies wouldn't be worth a plug nickel...
Tue Dec 5, 2017, 09:16 PM
Dec 2017

if all their assets have been frozen or confiscated via US law, then what would IQ45 and Jared have to repay the Russians at that point? Their lives?

Xolodno

(6,395 posts)
15. Doubt if its borscht....
Tue Dec 5, 2017, 05:42 PM
Dec 2017

...to much of a liability for Putin.

I'm thinking he's going to be eating Turkish delights or Azeri kabobs.

lagomorph777

(30,613 posts)
8. Turd can't pardon himself.
Tue Dec 5, 2017, 05:19 PM
Dec 2017

But if he wants to self-exile in Russia, I'll be happy to throw in AF1. He's probably already shared all its secret systems with Putin anyway.

Xolodno

(6,395 posts)
13. We all know that....
Tue Dec 5, 2017, 05:32 PM
Dec 2017

...it will go to the courts and fail. But it will suffice enough as a distraction while he gets the hell out of Dodge.

getagrip_already

(14,764 posts)
23. will it?
Tue Dec 5, 2017, 06:01 PM
Dec 2017

There is no conflict of interest clause or limit of any kind in the wording of the constitution relative to the power to pardon.

scotus has at least 4 originalists and constitutional powers are generally treated with deference. Even the scotus is immune from conflict of interest law. They set the rules by which they operate, and they guard that right jealously.

The separation of powers clauses in the constitution are tricky things. Each power has a balancing power in other branches. They may very well rule he has the power to pardon himself, just as the congress has the power to impeach him.

It's inefficient, but that is on purpose.

The concepts of conflict of interest and no person is above the law are not written into the constitution. Don't take for granted they will be interpreted to exist.

getagrip_already

(14,764 posts)
43. there are only 5 people on earth who's opinion matter....
Wed Dec 6, 2017, 12:52 PM
Dec 2017

And 4 of those are certain. So in practice, only john roberts opinion matters.

If any of the 4 dems creats an opening, it's over.

Look at it this way. If a case involving clarence thomas came before the court, clarence thomas would be the one to decide if he had a conflict of interest in hearing the case. He, and he alone, determines it. He could cast a vote just by declaring he can put aside his own interests and make his decision on the merits of the case.

If they rule the pres has limits, they are saying they do, and they aren't likely to do that. It isn't in the constitution, so it will be an interpretation.

getagrip_already

(14,764 posts)
45. the supremacy clause is trouble....
Wed Dec 6, 2017, 01:00 PM
Dec 2017

because the doj could just file similar charges and then they could botch the case, bury it, or let it be pardoned.

The feds have first dibs on prosecuting cases, and muehler has no veto on what doj does.

 

Sophia4

(3,515 posts)
48. But the state case could be for a violation of a state law that has not parallel
Wed Dec 6, 2017, 03:58 PM
Dec 2017

in federal law. Also, if the charges are serious enough to warrant a state indictment, the very fact of the indictment could be enough to cause resignations, maybe even impeachments.

It's the illegal conduct that is the problem, not necessarily the charges. The written charges could finish the Trump presidency if they are serious enough. Of course, I do not know what they might be or even if they will be found to exist.

I don't jump to conclusions about these things. The facts must be discovered and analyzed. I'm not privy to them.

getagrip_already

(14,764 posts)
51. thats the keyhole to slither through.....
Wed Dec 6, 2017, 04:36 PM
Dec 2017

If there is no federal analog, like violating nys specific law, then the feds can't grab it.

trump isn't going to care about impeachment, just his legal jeopardy. He believes he can bully the gop to not convict.

byronius

(7,395 posts)
10. Also, Laurence Tribe's statement yesterday about the Presidential immunity myth.
Tue Dec 5, 2017, 05:27 PM
Dec 2017

Then this, today --

"The claim that the President “cannot obstruct justice” because he heads the justice system is made only by Trump’s lawyer John Dowd and by my former colleague Alan Dershowitz. The claim is utterly ludicrous. And the view it betrays is profoundly dangerous to democracy under law."

NewJeffCT

(56,828 posts)
12. How is it pardon proof
Tue Dec 5, 2017, 05:31 PM
Dec 2017

at a federal level?

I'd love for Mueller to be working with some state attorneys general to coordinate charges at the state level, but I've only seen federal charges brought so far.

Nevernose

(13,081 posts)
14. A Flynn pardon might be more damaging
Tue Dec 5, 2017, 05:37 PM
Dec 2017

Than the current situation, at least for the White House.

Anyone who gets a pardon is no longer in jeopardy. You only have the right to remain silent if you’re in jeopardy.

So if Flynn were pardoned, he’d HAVE to tell law enforcement everything they asked or he’d be committing a whole new crime.

NewJeffCT

(56,828 posts)
20. according to Laurence Tribe
Tue Dec 5, 2017, 05:46 PM
Dec 2017

Flynn would not lose his right to remain silent because he (or Manafort or Papadopolous) would still be able to be prosecuted at the state level.

malaise

(269,054 posts)
33. Akerman said so
Tue Dec 5, 2017, 06:26 PM
Dec 2017

he said it was pardon-proof because there was co-operation at all three levels. It made sense to me but what do I know.

Nevernose

(13,081 posts)
27. Only for state level crimes
Tue Dec 5, 2017, 06:05 PM
Dec 2017

And there’s a lot less evidence that Flynn is a New York based bad actor, as opposed to Trump, Kushner, and Manafort, who apparently go on vacation just to commit some spare crimes.

He’d still have to testify to any federal crimes he was a part of.

pnwmom

(108,980 posts)
17. There have been reports that Mueller IS coordinating with Schneiderman.
Tue Dec 5, 2017, 05:45 PM
Dec 2017

And he probably is, since it's the wisest thing to do.

kst

(69 posts)
34. Click bait or not ...
Tue Dec 5, 2017, 06:27 PM
Dec 2017

Your original post is misleading. The President can issue pardons for federal offenses.
(There's some question whether he can pardon himself, but he can certainly pardon
staffers and family members.)

Impeachment and removal from office obviously takes away that power, but he can
issue pardons 30 seconds before the Senate votes to convict him.

"so I shouldn't have included federal."

You can still fix that in your original post, yes?

getagrip_already

(14,764 posts)
26. keep in mind...
Tue Dec 5, 2017, 06:05 PM
Dec 2017

the supremacy clause of the constitution states the feds can take jurisdiction of crimes from the states. As long as there is an analogue to a state law, the feds can choose to take away the case and prosecute it themselves.

At which point, they can botch it, bury it, or let it be pardoned without challenge.

 

Hoyt

(54,770 posts)
37. I don't see any state finding a jury that will convict these criminals. They'll be at least
Tue Dec 5, 2017, 06:50 PM
Dec 2017

one hold out on juries. They can, however, harass them. But, is it really worth the cost? Hope I'm wrong.

malaise

(269,054 posts)
62. And as Ari is saying right now the agreement Flynn signed is to cooperate with
Thu Dec 7, 2017, 07:43 PM
Dec 2017

state and local prosecutors as well as Feds.
Damn Mueller is thorough!

Bwaaaaaaaaaaaaaaah - breaking Mueller's new tool.

 

workinclasszero

(28,270 posts)
63. "state and local prosecutors as well as Feds"
Thu Dec 7, 2017, 07:56 PM
Dec 2017

Mueller is closing the trap on the whole crime family I hope!

Latest Discussions»General Discussion»Mueller's investigation i...