RE: Trump was saying such nice things about Manafort just a week or two ago.
09-14-2018, 03:22 PM
09-14-2018, 03:22 PM
Well... (IANAL etc.)
Actually, there's an argument to be made that someone who has been pardoned has no access to the Fifth Amendment.
You see, the Fifth Amendment notes that you can't be compelled to incriminate yourself in a crime and thus cause yourself to be prosecuted. But when you've been pardoned? You can't be prosecuted for what you've done.
You can be prosecuted for not answering a subpoena though. Or for lying to the court or the FBI.
Which means that Manafort has every reason to cooperate. The best the pardon does is keep him out of jail when he cooperates, but if he doesn't cooperate even though the government can (now) compel him to answer and answer honestly he has to, because otherwise he's in contempt of court or committing perjury.
He just can't win anything more than a lesser sentence.
Actually, there's an argument to be made that someone who has been pardoned has no access to the Fifth Amendment.
You see, the Fifth Amendment notes that you can't be compelled to incriminate yourself in a crime and thus cause yourself to be prosecuted. But when you've been pardoned? You can't be prosecuted for what you've done.
You can be prosecuted for not answering a subpoena though. Or for lying to the court or the FBI.
Which means that Manafort has every reason to cooperate. The best the pardon does is keep him out of jail when he cooperates, but if he doesn't cooperate even though the government can (now) compel him to answer and answer honestly he has to, because otherwise he's in contempt of court or committing perjury.
He just can't win anything more than a lesser sentence.