Quantcast
Channel: counsel
Viewing all articles
Browse latest Browse all 33

The Review, September 15, 2018 – Would a Trump Pardon Nullify Manafort Flipping?

0
0

Trump election manager Paul Manafort pled guilty Friday – and agreed to cooperate fully and truthfully” with Special Counsel Robert Mueller’s investigation.   That includes providing information and documents and testifying.  It is a momentous development.  

Manafort is the fifth Trump aide to plead guilty so far.  The other four are former Trump national security adviser Michael T. Flynn, former Trump campaign advisor George Papadopoulos, former Trump deputy campaign chair Rick Gates, and Trump’s longtime personal attorney Michael D. Cohen.

Manafort has a great deal of damaging information about Trump, including information regarding a mysterious pro-Russian GOP 2016 platform change, the Trump Tower meeting with Russians said to have dirt on Hillary Clinton, and Trump’s public appeal to Russia to find Hillary’s emails, which Russia obliged.  

Manafort Has Already Provided Information to Mueller

One question is whether a Trump pardon now could persuade Manafort to not cooperate.  

In part, a pardon now would be too late.  It is extremely likely that Manafort had to provide substantial information to Mueller prior to the plea deal being announced.  On Friday one of Manafort’s attorneys confirmed Manafort has already been cooperating with Mueller.  

Still, Trump might pardon Manafort in an effort to persuade him not to testify.  

Manafort Likely Can Be Compelled to Testify Even If Pardoned

Some believe that a pardon designed to protect Trump -- or others such as Jared Kushner and Trump, Jr. -- from prosecution would be invalid.  While that idea has merit, it has never been tested in court and it would probably take a long time before the matter was decided by the Supreme Court.  Further, if Brett Kavanaugh is confirmed as a Supreme Court Justice, his view that a President is immune from any prosecution or investigation could be the decisive vote.  

In any event, once pardoned, Manafort would no longer be able to assert a Fifth Amendment right to not testify on the ground of self-incrimination, at least in the federal system.  He still could still be asked to testify In federal court or before a federal grand jury.  Of course, Manafort could claim he still held the right because of the threat of state prosecution.  Manafort, though, may have waived this right by his guilty pleas.  Alternatively, a federal judge could decide that Manafort could be forced to testify in federal court and a state court is then prohibited from prosecuting based on that testimony.

That would mean that Manafort could be charged with perjury if he refused to testify, although in theory Trump could pardon him for that as well.  

Potential State Prosecution Probably Keeps Manafort in Line

On the other hand, Manafort admitted guilt on virtually all charges against him, including a number of bank fraud charges.  If Manafort quit cooperating, those admissions could allow state prosecutors to press charges against Manafort, as Trump can only pardon federal offenses.  That could be a powerful incentive for Manafort to testify even if pardoned.

www.thereviewsalon.com


Viewing all articles
Browse latest Browse all 33

Latest Images

Trending Articles





Latest Images