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I believe the reasoning is something like this:
Schneiderman does not have any official power to block a presidential pardon for federal crimes. However, should Trump's family get pardoned for them, while there are also state-level crimes for which they can be tried, then Trump cannot pardon them for those. And because those family members are pardoned for federal crimes, they cannot plead the 5th when asked about them. So Mueller can gather more info to be used against those even higher up the chain.

Even with a pardon, they could still plead the 5th, as long as they're under criminal jeopardy (for even tangentially related matters) in NY.

Look, here's why this matters for Manafort. He's under active investigation in NY for money laundering and other financial crimes, unrelated to the campaign. So even if Trump pardoned him for any Federal crimes, he could still be pressured to cooperate with the special counsel in exchange for a favourable deal in NY.

But as far as I know, Trump's kids aren't even under criminal investigation in New York for New York state crimes (and they'd know it if they were). So a lot would have to happen for this scenario to be even somewhat plausible. And then you'd have to assume that they'd agree to testify or provide damaging information against their father (who probably can't be indicted while he's in office anyway) to the special counsel in order to get leniency from...sworn enemy Eric Schniederman. None of these seems like a likely scenario to me at the moment.

And if Schneiderman, a very partisan Democrat, and self-styled member of the resistance, tried to go after Trump's family, criminally, in New York, all hell would break loose. I think he'd have to recuse himself and let a deputy do it.

Don't get me wrong...Trump's kids can and should be charged criminally if they've broken NY state law. So if what people are saying is "Trump can't keep his kids out of jail by pardoning them"...well, yeah. Of course. But in terms of the the special counsel's investigation, I think there are limits to the pressure that can be applied to them via New York, and it certainly can't block Trump from pardoning them for Federal crimes. And all this is assuming that there are NY state crimes to charge his kids or Kushner with in the first place. There's a lot of speculation there.
 
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It's all about the money, and the dirty money is in NY real estate deals.

I suppose it all depends on whether you actually believe that Trump Org has been helping to hide Russian money in shady real estate dealings or not - specifically in regards to the former Trump SoHo Hotel.



This is why a friend of mine continues to insist: “they’re all going to jail.”
 
Under the Fifth Amendment to the Constitution, Americans are protected against self-incrimination, but people who have been pardoned are no longer under any legal jeopardy, Harvard Law School Professor Laurence Tribe told TIME.

“Anyone pardoned by Trump would lose most of the 5th Amendment’s protection against compelled testimony that might otherwise have incriminated the pardoned family member or associate, making it much easier for DOJ and Congress to require such individuals to give testimony that could prove highly incriminating to Trump himself,” Tribe said in an email.
 
Under the Fifth Amendment to the Constitution, Americans are protected against self-incrimination, but people who have been pardoned are no longer under any legal jeopardy, Harvard Law School Professor Laurence Tribe told TIME.

“Anyone pardoned by Trump would lose most of the 5th Amendment’s protection against compelled testimony that might otherwise have incriminated the pardoned family member or associate, making it much easier for DOJ and Congress to require such individuals to give testimony that could prove highly incriminating to Trump himself,” Tribe said in an email.

That's only true as far as it goes...as long as the legal jeopardy is gone.

A Presidential pardon only removes you from legal jeopardy in Federal court. If you're under legal jeopardy anywhere else, including state court, for related matters, you can't be compelled to incriminate yourself. Period. Even Larry Tribe knows that. And if you asked him, that's what he'd tell you.

So if Trump pardons his family, and they're under no legal jeopardy in New York for related matters, then yes, they probably lose their 5th Amendment privilege. But this whole conversation has been about how Schniederman can use state charges as leverage against Trump's kids. The special counsel can certainly say "Don Jr. I know your daddy gave you a pardon, but you're facing serious time in NY. if you cooperate with us, we'll make sure the AG there goes easy on you." But in this scenario, as long as Don Jr. is under legal jeopardy (even if it's just an investigation) in NY for related matters, he can't be compelled to talk, because it might incriminate him, and be used against him in NY.

Then there's another issue. If the special counsel tries to indict one of Trumps kids, Trump can pardon him for just that offense. So Mueller could only compel the kid to testify on matters related to that offence alone, because he'd still be in legal jeopardy for other potential crimes. Unless of course he offered immunity. But that would have to be something that Eric, or Don, or Jared would have to voluntarily accept and work out with their lawyers.

There are other potential scenarios that could arise, things like use immunity, but that's getting way into the weeds.
 
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Let's just skip ahead

I'll post like a dozen different articles by different legal scholars, Nick will come faults in everything one, done others will post things, Nick will point out something silly like with the "pardon block" thing, this will go on for 20 or so posts and get nowhere.

So let's just call it legal scholars vs Nick and see who ends up being right
 
So let's just call it legal scholars vs Nick and see who ends up being right

Show me a legal scholar who disagrees with me on this point. You haven't so far. You think you have, but you haven't.

As to what I was saying about still being able to assert your 5th Amendment privilege, and refuse to testify, after a Federal pardon, if you're still under legal jeadpordy for a related matter in state court...

If you’re pardoned, can you be compelled to testify about your crime?

... if the prospect of criminal liability disappears — whether because he has been granted adequate immunity by prosecutors, or because he has accepted a presidential pardon — then the privilege against self-incrimination also disappears.

...Of course, that only works to the extent that the pardon does indeed foreclose the possibility that your testimony will be used against you in a criminal prosecution. A presidential pardon, for instance, only applies to federal crimes; if the conduct could also be prosecuted as a state crime, the witness can refuse to testify about it.

Since you're so enamoured of legal scholars, Eugene Volokh is one of the best.

BTW, none of what I, or Volokh is saying here, contradicts what Professor Tribe wrote (that you quoted out of context). No one denies that once criminal jeopardy is no longer an issue, in any venue, whether via a pardon or otherwise, you lose your right against self-incrimination. I said as much. Tribe just wasn't addressing the issue of dual sovereignty or continued legal jeopardy in state court.

So, yeah sorry. We're all in agreement. Except you, that is. ;)
 
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This is why a friend of mine continues to insist: “they’re all going to jail.”

Do you agree that's likely to happen?

I'd be genuinely surprised if I saw anyone in this investigation actually go to jail. At this point, I'd just be satisfied to see them all forced to leave the White House. But if there's any chance that at least some, if not all, of these people could actually serve time for their crap, that would be good to see.

I do agree with BEAL's concerns about how Trump supporters would respond if such a thing were to happen, though.
 
Let's just skip ahead

I'll post like a dozen different articles by different legal scholars, Nick will come faults in everything one, done others will post things, Nick will point out something silly like with the "pardon block" thing, this will go on for 20 or so posts and get nowhere.

So let's just call it legal scholars vs Nick and see who ends up being right



*then you'll be told to stick to basketball
 
Show me a legal scholar who disagrees with me on this point. You haven't so far. You think you have, but you haven't.

As to what I was saying about still being able to assert your 5th Amendment privilege, and refuse to testify, after a Federal pardon, if you're still under legal jeadpordy for a related matter in state court...



Since you're so enamoured of legal scholars, Eugene Volokh is one of the best.

BTW, none of what I, or Volokh is saying here, contradicts what Professor Tribe wrote (that you quoted out of context). No one denies that once criminal jeopardy is no longer an issue, in any venue, whether via a pardon or otherwise, you lose your right against self-incrimination. I said as much. Tribe just wasn't addressing the issue of dual sovereignty or continued legal jeopardy in state court.

So, yeah sorry. We're all in agreement. Except you, that is. ;)
Pleading the 5th, or the inability to do so, was never about state court.

Let's say Trump pardons a high ranking official from any and all matters pretaining to Russian interference in the election. Let's say his name rhymes with Mushner, just as a hypothetical.

It doesn't prevent Mushner from being charged in state court, but he could certainly plead the 5th. But that's meaningless, because it's highly unlikely that Mushner would be put on the stand by his lawyer anyways, and Schneiderman would have mountains of evidence.

So Mush is facing conviction of the same crime, or of other crimes connected to money laundering in New York.

Fucked.

Then Big ole Bob Mueller comes along and summons Mushner as a witness in the federal case another guy - let's call this one Drumpf. Mushner can't plead the 5th and has to testify. Or he could refuse and be jailed on contempt, or maybe he lies and is charged with perjury.

Conceivably Drumpf could pardon him again for those crimes, but he'd still be fucked by the state.

Or... perhaps those state charges miraculously go away, or a sentence lessened if he simply testifies.

Or maybe they don't.

Either way everyone's fucked.
 
Let's just skip ahead

I'll post like a dozen different articles by different legal scholars, Nick will come faults in everything one, done others will post things, Nick will point out something silly like with the "pardon block" thing, this will go on for 20 or so posts and get nowhere.

So let's just call it legal scholars vs Nick and see who ends up being right

Show me a legal scholar who disagrees with me on this point. You haven't so far. You think you have, but you haven't.

As to what I was saying about still being able to assert your 5th Amendment privilege, and refuse to testify, after a Federal pardon, if you're still under legal jeadpordy for a related matter in state court...



Since you're so enamoured of legal scholars, Eugene Volokh is one of the best.

BTW, none of what I, or Volokh is saying here, contradicts what Professor Tribe wrote (that you quoted out of context). No one denies that once criminal jeopardy is no longer an issue, in any venue, whether via a pardon or otherwise, you lose your right against self-incrimination. I said as much. Tribe just wasn't addressing the issue of dual sovereignty or continued legal jeopardy in state court.

So, yeah sorry. We're all in agreement. Except you, that is. ;)

Jvonl48.jpg
 
Pleading the 5th, or the inability to do so, was never about state court.

Let's say Trump pardons a high ranking official from any and all matters pretaining to Russian interference in the election. Let's say his name rhymes with Mushner, just as a hypothetical.

It doesn't prevent Mushner from being charged in state court, but he could certainly plead the 5th. But that's meaningless, because it's highly unlikely that Mushner would be put on the stand by his lawyer anyways, and Schneiderman would have mountains of evidence.

So Mush is facing conviction of the same crime, or of other crimes connected to money laundering in New York.

Fucked.

Then Big ole Bob Mueller comes along and summons Mushner as a witness in the federal case another guy - let's call this one Drumpf. Mushner can't plead the 5th and has to testify. Or he could refuse and be jailed on contempt, or maybe he lies and is charged with perjury.

Conceivably Drumpf could pardon him again for those crimes, but he'd still be fucked by the state.

Or... perhaps those state charges miraculously go away, or a sentence lessened if he simply testifies.

Or maybe they don't.

Either way everyone's fucked.

You're getting a couple things crossed...its not about pleading the 5th in state or federal court...it's about the right against self-incrimination.

Where you're wrong is that Kushner could still claim the 5th, even to the special counsel, as long as what Mueller wants to him to "testify" to could incriminate him in state court. Whether Kushner would take the stand in state court is irrelevant; whether NY had a mountain of evidence already is irrelevant. You can't compel someone to testify on matters they have potential or continuing legal jeopardy on. Because anything that Kushner said to Mueller would be on the record, under oath, and could be used by NY. THAT's where the self-incrimination comes in. So if Kusher was still in legal jeopardy in NY, he can absolutely continue to plead the 5th to Mueller.

Here's an example. Money laundering is both a Federal and State Crime.

Suppose the Feds charge you with money laundering. The President, who likes money launderers, pardons you. Feds drop all charges b/c of the pardon.
Then NY, where you did the money laundering, charges you instead.
The Feds want you to snitch on all the guys who you did your money laundering with. They still want to bust up your ring. And tell you "since you have a pardon, you're not under legal jeopardy, so you have to spill the beans on your whole operation". Which do you (because you have a bad lawyer) and tell all to the FBI.
Then NY says "Wow, look at this. This idiot admitted to everything, under oath, to the FBI. We've got everything we need. This guy is fucked." And proceed to use everything you said to the Feds against you in state court.

See how that works? That's why you don't lose your right of self-incrimination as long as long as you face legal jeopardy, on a related matter, in any venue.

Now, if what NY has Kushner on has nothing to do with what Mueller wants him to talk about, that's another story. Or if Kushner were granted immunity that anything he said to Mueller, and information potentially gleaned from it, wouldn't be used against him in NY (and this is very hard to do) that might be another matter also and he might be able to be compelled since immunity would remove the legal jeopardy in state court. This can be tricky though which is why I said earlier it was getting into the weeds. Or, as I said earlier, forget trying to compel Kushner's testimony. Mueller simply offers him a straight up deal deal "Give up Trump voluntarily and I'll make sure my friends in NY make the charges go away". (this IMO is the most likely scenario, but it's hard to imagine Trump's family turning against him this way, but who knows).

Or, as you alluded to, even if Kushner could theoretically be compelled to testify after a pardon (let's say there's no potential charges in NY), Trump could just pardon them again. If Kushner, after getting the pardon, was ordered to cooperate by a Federal Judge with the special counsel, and he refused, all the Judge could do is cite him with contempt and throw him in jail. And Trump would just issue a pardon for that. There's some question as to whether the pardon power extends this far (as it's being clearly used to obstruct justice), but remember it was contempt that Trump pardoned Arapaio for. So THAT would have to work it's way through he courts also.

So yes, if NY had anyone in Trump's circle for criminal activity, they could go to jail, no matter what happens with the special counsel. That's a given. And the AG and Mueller can certainly work together to apply pressure, where they're able. And everyone knows they're working together. All that's going on already with Manafort.

But a lot has to happen for any of these "NY" scenarios with Trumps kids (and Kushner) to work out in the event of a pardon...starting with them actually being investigated and charged with a crime. I'm not saying that's not happening or couldn't happen, but there's been no reports of that yet, so it's all speculation. And in any event, none of them can be compelled to testify if they have continuing legal jeopardy in NY or anyplace else on a related matter (absent a specific immunity deal).
 
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Let's just skip ahead

I'll post like a dozen different articles by different legal scholars, Nick will come faults in everything one, done others will post things, Nick will point out something silly like with the "pardon block" thing, this will go on for 20 or so posts and get nowhere.

So let's just call it legal scholars vs Nick and see who ends up being right
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Do you agree that's likely to happen?



I'd be genuinely surprised if I saw anyone in this investigation actually go to jail. At this point, I'd just be satisfied to see them all forced to leave the White House. But if there's any chance that at least some, if not all, of these people could actually serve time for their crap, that would be good to see.



I do agree with BEAL's concerns about how Trump supporters would respond if such a thing were to happen, though.



I honestly don’t know.

A lot of it may come down to who controls Congress. The GOP obviously sees Trump as an idiot who will sign anything, so long as he doesn’t fuck it all up via ignorance, stupidity, and mendacity. They will want their useful idiot until he becomes unuseful.

Firing Mueller will be a moment.
 
WASHINGTON — President Trump ordered the firing last June of Robert S. Mueller III, the special counsel overseeing the Russia investigation, according to four people told of the matter, but ultimately backed down after the White House counsel threatened to resign rather than carry out the directive.
 
WASHINGTON — President Trump ordered the firing last June of Robert S. Mueller III, the special counsel overseeing the Russia investigation, according to four people told of the matter, but ultimately backed down after the White House counsel threatened to resign rather than carry out the directive.



No obstruction!
 
I didn't even read your last response, cause


Let's just skip ahead

I'll post like a dozen different articles by different legal scholars, Nick will come faults in everything one, done others will post things, Nick will point out something silly like with the "pardon block" thing, this will go on for 20 or so posts and get nowhere.

So let's just call it legal scholars vs Nick and see who ends up being right

So sure, feel free to put that notch on your victory belt. I just don't feel like running in circles with people anymore. It's tiring.
 
So how long do we think the Russians have had leverage over Trump? Was the racist birth certificate nonsense their first assignment for their orange-faced asset? The timing seems right, no? He was sent to be a disrupter.
 
I don't understand why these shows are paying Stormy Daniels to say nothing (because of her non disclosure settlement). She's going to be on Kimmel the night of the SOTU.

She was on Inside Edition too.
 
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