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hlthe2b

(102,138 posts)
Thu Jul 20, 2017, 10:25 PM Jul 2017

A point to keep in mind--EVEN IF Trump could pardon, himself, his aides, and all family members,

he CAN NOT pardon them for STATE charges and we have a very very competent attorney general in NY (Eric Schneiderman) and perhaps in other states, who might well benefit from what Mueller digs up and go after the whole corrupt gang in state courts.

So those feeling that pit in their stomachs that this cabal might get by with all of their corruption, I wouldn't place a bet on that.

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A point to keep in mind--EVEN IF Trump could pardon, himself, his aides, and all family members, (Original Post) hlthe2b Jul 2017 OP
And Lawrence pointed out something important C_U_L8R Jul 2017 #1
He can't pardon anyone if he is impeached first. The fate of the nation rests in GOP hands. nikibatts Jul 2017 #43
Let's just not delude ourselves Cosmocat Jul 2017 #47
Come on! Half of Congress is waiting for a partner elehhhhna Jul 2017 #54
Would Trump have to continually pardon himself and his family no_hypocrisy Jul 2017 #2
Well, he can not pardon himself for crimes that are prosecuted in state court, but... hlthe2b Jul 2017 #4
When do the statutes of limitations expire on his crimes in NY state? oxbow Jul 2017 #3
No idea.... n/t hlthe2b Jul 2017 #5
Either way, all the more reason to take back congress in 2018 oxbow Jul 2017 #6
Why not? marylandblue Jul 2017 #8
Constitution protects potus from criminal charges oxbow Jul 2017 #13
Not necessarily from indictment, but any trial for charges appears to have to wait post exit from WH hlthe2b Jul 2017 #14
That would be nice. oxbow Jul 2017 #19
Well, the point applies to Federal indictment. It is not settled opinion and whether that would also hlthe2b Jul 2017 #21
It is based on an opinion of Justice Dept attorneys in 1973 marylandblue Jul 2017 #53
That is not setted either... Lawrence Tribe and others have questioned that hlthe2b Jul 2017 #9
Hey, 2b, just found this by Mr. Tribe: Leghorn21 Jul 2017 #16
I figured he'd be on top of this development. Good catch. hlthe2b Jul 2017 #17
And I don't think they can use 5th Amendment in this circumstance ThoughtCriminal Jul 2017 #20
He is a rogue client for sure, which is one reason he had Alice11111 Jul 2017 #33
For most crimes in most jurisdictions, it's three years marylandblue Jul 2017 #7
the time for the statute of limitations doesn't start to run until the crime is discovered Hamlette Jul 2017 #27
Fraud is usually longer. If he is found criminally liable, Alice11111 Jul 2017 #34
Don't know but NY convicts and jails politicians on a regular basis, so it can't be impossible. lindysalsagal Jul 2017 #15
Yeah, for a long time I've thought that if Trump fires Mueller... hvn_nbr_2 Jul 2017 #10
I certainly hope so. n/t susanna Jul 2017 #11
Wonder if they get to keep ill-gotten gains... or at least pay taxes on them lostnfound Jul 2017 #12
I have never seen Tiffany do anything related to the rest of the family. Doreen Jul 2017 #25
Good point. lostnfound Jul 2017 #55
Yup Doreen Jul 2017 #57
He will be politically neutered Generic Brad Jul 2017 #18
I enjoyed reading your post! You make it sound possible. Alice11111 Jul 2017 #35
Not only has he been neutered, but Walter Dellinger says he has enhanced Sessions' reputation diva77 Jul 2017 #38
Thanks for that workinclasszero Jul 2017 #56
If he pardons himself burrowowl Jul 2017 #22
Nixon got a generic pardon for everything Alice11111 Jul 2017 #36
We've got that... PunkinPi Jul 2017 #51
why o why bora13 Jul 2017 #23
Lock them up. oasis Jul 2017 #24
!!! Alice11111 Jul 2017 #37
Can he pardon himself or others from a crime that is still happening? Doreen Jul 2017 #26
No. Any criminal activity that occurs after the pardon wouldn't be covered. n/t PoliticAverse Jul 2017 #28
I am asking about the crime being commited as we speak. Doreen Jul 2017 #29
Any pardon could cover a crime being committed right until the pardon is issued. n/t PoliticAverse Jul 2017 #30
That just seems wrong. Doreen Jul 2017 #31
The President's pardon power is great and it is certainly possible to abuse it. PoliticAverse Jul 2017 #39
I am hoping they learn from this before it is to late. Doreen Jul 2017 #40
the investigations would continue KT2000 Jul 2017 #32
Don't think there is a state where a jury could be impaneled where all 12 would vote Hoyt Jul 2017 #41
In NY with a NYC jury pool, yes. Regardless, a unanimous jury is not required in all states hlthe2b Jul 2017 #42
Not many. Although I'm not going to waste my time, I bet a bunch of those have GOPers Hoyt Jul 2017 #50
In NYC it would be easy leftynyc Jul 2017 #45
He got 36.5% of vote statewide. And if it is like where I live, a good portion of those still Hoyt Jul 2017 #49
He'd be tried downstate leftynyc Jul 2017 #52
YEP - nailing this is literally going to be like threading a needle Cosmocat Jul 2017 #48
At this point, I would be satisfied if Trump just left. Demsrule86 Jul 2017 #44
Do we think this is all new? trump et. al have been doing business in NY state for jmg257 Jul 2017 #46

C_U_L8R

(44,991 posts)
1. And Lawrence pointed out something important
Thu Jul 20, 2017, 10:30 PM
Jul 2017

A pardon only covers past crimes committed and is essentially an admission of guilt. But moreso, if you've been pardoned, then you really cannot plead the fifth anymore. So say Jared gets pardoned and subsequently gets called in to testify... he'd be committing new crime if he refuses.

Cosmocat

(14,559 posts)
47. Let's just not delude ourselves
Fri Jul 21, 2017, 08:17 AM
Jul 2017

If Ryan or McConnell head either chamber, 45 is not going to get impeached.

They both, as are most of the key republican leaders in congress, are russia dirty, too.

hlthe2b

(102,138 posts)
4. Well, he can not pardon himself for crimes that are prosecuted in state court, but...
Thu Jul 20, 2017, 10:37 PM
Jul 2017

(AND our democracy is done under that scenario to begin with)...but IF he did manage to stay in the WH, then I suppose he would have to keep updating the pardon if he continued to break the law on Federal charges.

oxbow

(2,034 posts)
3. When do the statutes of limitations expire on his crimes in NY state?
Thu Jul 20, 2017, 10:37 PM
Jul 2017

That is going to be a crucial question going forward from today...

oxbow

(2,034 posts)
6. Either way, all the more reason to take back congress in 2018
Thu Jul 20, 2017, 10:45 PM
Jul 2017

They can't charge him with anything until he's out of office.

oxbow

(2,034 posts)
13. Constitution protects potus from criminal charges
Thu Jul 20, 2017, 11:05 PM
Jul 2017

In the minds of most experts, at least. He must leave office, resign or be impeached first.

http://www.newsweek.com/trump-comey-laws-constitution-611066

hlthe2b

(102,138 posts)
14. Not necessarily from indictment, but any trial for charges appears to have to wait post exit from WH
Thu Jul 20, 2017, 11:07 PM
Jul 2017

oxbow

(2,034 posts)
19. That would be nice.
Thu Jul 20, 2017, 11:19 PM
Jul 2017

So you're saying that statutes of limitations are not important, as long as he's indicted before they take effect? I haven't researched that part of it...

hlthe2b

(102,138 posts)
21. Well, the point applies to Federal indictment. It is not settled opinion and whether that would also
Thu Jul 20, 2017, 11:24 PM
Jul 2017

apply to State court indictments seems even less clear. But, perhaps....

marylandblue

(12,344 posts)
53. It is based on an opinion of Justice Dept attorneys in 1973
Fri Jul 21, 2017, 10:00 AM
Jul 2017

Very different circumstances and by no means settled law. But today you could come up with so many scenarios under which failure to allow the President to be charged criminally would be repugnant to the constitution that courts are likely to allow it.

Leghorn21

(13,523 posts)
16. Hey, 2b, just found this by Mr. Tribe:
Thu Jul 20, 2017, 11:08 PM
Jul 2017

Laurence Tribe @tribelaw

Memo to Trump: Anyone you pardon can be compelled to testify without any grant of immunity, and that testimony could undo you.

ThoughtCriminal

(14,046 posts)
20. And I don't think they can use 5th Amendment in this circumstance
Thu Jul 20, 2017, 11:22 PM
Jul 2017

Since they cannot be prosecuted, they cannot be incriminate themselves.

However, the pardon would not exempt them from perjury in their testimony.

Trump and the legal quacks he hires may not think this one through. Or even if they warn him, he may not be smart enough to understand the implications. This is a guy who doesn't understand the difference between health insurance and "Gerber Life Insurance".

Alice11111

(5,730 posts)
33. He is a rogue client for sure, which is one reason he had
Fri Jul 21, 2017, 01:07 AM
Jul 2017

Trouble finding lawyers. No one wants to risk their reputation on a client who makes one a LOSER.

marylandblue

(12,344 posts)
7. For most crimes in most jurisdictions, it's three years
Thu Jul 20, 2017, 10:46 PM
Jul 2017

And I'm sure there are plenty of crimes in the last three years.

Hamlette

(15,408 posts)
27. the time for the statute of limitations doesn't start to run until the crime is discovered
Fri Jul 21, 2017, 12:42 AM
Jul 2017

so if we just learned of the crime today, and the SoL is 3 years, they can bring the charges three years from yesterday.

Alice11111

(5,730 posts)
34. Fraud is usually longer. If he is found criminally liable,
Fri Jul 21, 2017, 01:15 AM
Jul 2017

of any crime really, there is pretty much a slam dunk for the civil case. Damages for fraud cannot be discharged in bankruptcy. There go the towers.

However, I'm not sure we are there yet. He will fight until it is hopeless, then, he will try to skirm away, declaring himself the winner.

Wouldn't it be ironic if Sessions, who is recused from most matters, could somehow deliver the final dagger...after refusing to resign.

hvn_nbr_2

(6,486 posts)
10. Yeah, for a long time I've thought that if Trump fires Mueller...
Thu Jul 20, 2017, 10:57 PM
Jul 2017

Schneiderman would very shortly receive terabytes of data.

lostnfound

(16,162 posts)
12. Wonder if they get to keep ill-gotten gains... or at least pay taxes on them
Thu Jul 20, 2017, 11:05 PM
Jul 2017

If they all end up bankrupt, that would be something.

Except Barron. I want him to live happily ever after.

Doreen

(11,686 posts)
25. I have never seen Tiffany do anything related to the rest of the family.
Fri Jul 21, 2017, 12:40 AM
Jul 2017

I think she is OK and should not have to pay for their crimes either.

Generic Brad

(14,272 posts)
18. He will be politically neutered
Thu Jul 20, 2017, 11:12 PM
Jul 2017

Hell. He already is politically neutered. He embarrassed Senate Republicans yesterday and they made it clear this morning that they will not take his shit any longer. His camera ban in the press room was openly defied and Huckabee-Sanders was live streamed today. His legal spokesperson quit tonight. Jeff Sessions won't leave his post when pressured.

Trump has no power any longer. He is now on life support and and will get nothing more done.

diva77

(7,629 posts)
38. Not only has he been neutered, but Walter Dellinger says he has enhanced Sessions' reputation
Fri Jul 21, 2017, 01:32 AM
Jul 2017
http://www.pbs.org/newshour/bb/will-trumps-criticism-chilling-effect-justice-department/

"I think the president’s reputation has suffered enough that his criticism of Attorney General Sessions is likely only to enhance the attorney general’s standing within the department."

----------

Just what we need - Trump is so bad, he makes Sessions look good

burrowowl

(17,632 posts)
22. If he pardons himself
Fri Jul 21, 2017, 12:19 AM
Jul 2017

it is an admission of guilt and one would have to know what he is guilty of so he would have to state it to be pardoned.
This leaves me askance!

We need a smilie for my jaw haw dropped to the floor!

bora13

(860 posts)
23. why o why
Fri Jul 21, 2017, 12:34 AM
Jul 2017

can't i get a blanket pardon. you know, a get out of jail free card.
why can't i pass them out like halloween candy to my closest comrades.
use them like cheap arcade tickets and trade them for a stuffed BEAR.

Doreen

(11,686 posts)
29. I am asking about the crime being commited as we speak.
Fri Jul 21, 2017, 12:52 AM
Jul 2017

There is no way that the crime being investigated is not still happening.

Doreen

(11,686 posts)
31. That just seems wrong.
Fri Jul 21, 2017, 01:02 AM
Jul 2017

It's kind of like pardoning an abuser while they are in the middle of beating the crap out of the abused and just before the last stroke of the pen to make the pardon official they stop. Not right.

PoliticAverse

(26,366 posts)
39. The President's pardon power is great and it is certainly possible to abuse it.
Fri Jul 21, 2017, 01:33 AM
Jul 2017

Electors should be careful who they vote for.

Doreen

(11,686 posts)
40. I am hoping they learn from this before it is to late.
Fri Jul 21, 2017, 02:54 AM
Jul 2017

You get what you vote for but so does everybody else.

KT2000

(20,568 posts)
32. the investigations would continue
Fri Jul 21, 2017, 01:03 AM
Jul 2017

Mueller is investigating Russian interference and collusion with tRump. That is a national security issue that must be resolved before the next election. according to Jeremy Bash

 

Hoyt

(54,770 posts)
41. Don't think there is a state where a jury could be impaneled where all 12 would vote
Fri Jul 21, 2017, 06:24 AM
Jul 2017

to convict Trump?

Now Kushner and Trump's inbred kids, maybe, but still wouldn't bet on it. There is going to be at least 1 white wing racist moron on every jury that thinks the Trumps are being treated unfairly, probably more than one.

hlthe2b

(102,138 posts)
42. In NY with a NYC jury pool, yes. Regardless, a unanimous jury is not required in all states
Fri Jul 21, 2017, 06:29 AM
Jul 2017

though it is required in Federal criminal trials (and, in NY)

 

Hoyt

(54,770 posts)
50. Not many. Although I'm not going to waste my time, I bet a bunch of those have GOPers
Fri Jul 21, 2017, 09:16 AM
Jul 2017

in power who would determine if they are going to prosecute Trump.

Personally, I don't care if he goes to jail as long as he has to climb on that darn helicopter in disgrace and perhaps his family goes under financially. Then we can turn attention to Pence.

 

Hoyt

(54,770 posts)
49. He got 36.5% of vote statewide. And if it is like where I live, a good portion of those still
Fri Jul 21, 2017, 09:12 AM
Jul 2017

think he's a good white winger.

 

leftynyc

(26,060 posts)
52. He'd be tried downstate
Fri Jul 21, 2017, 09:37 AM
Jul 2017

He couldn't even take the primary from Kasich in Manhattan. I can, in all honesty, say I don't know one person personally who voted for him.

Cosmocat

(14,559 posts)
48. YEP - nailing this is literally going to be like threading a needle
Fri Jul 21, 2017, 08:21 AM
Jul 2017

people want to believe, but there are so many things working against it.

As noted, IF he ends up being prosecuted all it takes is ONE juror ...

jmg257

(11,996 posts)
46. Do we think this is all new? trump et. al have been doing business in NY state for
Fri Jul 21, 2017, 08:12 AM
Jul 2017

over50 years. (and NJ casinos, and etc etc...)

Do we suddenly think NOW they will get them on something??

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