Last Friday, President Trump Pardoned former Maricopa County, Arizona, Sheriff Joe Arpaio. Arpaio was Convicted in July of Criminal Contempt after ignoring a Court Order to cease his Signature Immigration Roundups but hadn’t yet been Sentenced. Trump ignored the Court’s Judgment and Ended the Case without any Formal Justice Department Review.
To some, Trump’s Decision is a Sign that he’s preparing, or at least willing, to Pardon People associated with the growing Investigation into his Campaign’s possible Collusion with Russia. Robert Bauer, a Law Professor at New York University and former White House Counsel to President Obama, argued in the Washington Post that the Pardon may be a “test run for shutting down the Russia investigation.”
10 Legal Experts were asked if the Arpaio Decision is a Signal of how Trump might seek to Undercut the Russia Investigation and 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 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.
There is, however, one Scenario in which Trump could save himself and others from potential Federal Prosecution. It’s what Susan Bloch, a Law Professor at Georgetown, calls the Nixon Scenario: “Trump pardons them [Flynn, Kushner, Manafort, and Donald Trump Jr.] as he is exiting the White House and Trump exits early, allowing Pence to become president, and Pence then pardons Trump. Trump will then have successfully shielded himself and his colleagues from criminal liability.”
But another Scenario puts him and those he Pardons in State Jeopardy. State Attorney Generals can pick up cases, gather evidence already collected, and determine if any State Crime was Committed. Under this Scenario, any Convictions can not be Pardoned by a President, would lose their Fifth Amendment Protection, but could be Pardoned by a Governor.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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