September 14, 2018
THE TIGHTENING NOOSE:
Manafort's Cooperation Deal Will Make a Trump Pardon Way More Unlikely (Alberto Luperon, September 14th, 2018, Law & Crime)
Even if there were clemency for Manafort, it may not keep him from talking. We also asked Bill Thomas, another attorney and former federal prosecutor, about the effect of a possible pardon, and he said it wouldn't do anything to stop Manafort from testifying. Quite the opposite."It seems to me that a pardon would have little effect on the investigation other than to reduce Manafort's willingness to cooperate," he told Law&Crime in an email. "A pardon may take the case out of the federal criminal arena as it relates to a conviction and punishment, it does not however relieve one of the obligation to be a witness if he were subpoenaed to the grand jury or at trial. He would still be obligated to give testimony. This is particularly true since under the scenario you posed -- a hypothetical pardon --- he would have no criminal liability (given that he has already been tried and convicted) and likely no ability to meaningfully assert the 5th Amendment."
Posted by Orrin Judd at September 14, 2018 3:25 PM
