I wonder if Paul Manafort and Mike Flynn know that if Jack brings RICO charges that their Pardons are voidable?
@JamesFLoveIV
One co-conspirator cannot Pardon another co-conspirator. It would be an act in furtherance of the conspiracy.
@JamesFLoveIV
Actually, I misspoke. The Pardons would be void ab initio. (Meaning “void from the beginning”). Compare it to a contract entered into to coverup a crime. It’s also void. Same legal principles would apply to a Pardon issued in furtherance of a conspiracy.
James F. Love IV
@JamesFLoveIV
Just my opinion.
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@JamesFLoveIV
All Pardons that were issued to people found to be involved in J6 or any other crime with Trump would be legally void. Election fraud (involved in fake electors), insurrection, Fraudulently soliciting donations; aiding and abetting, accessory after the fact, etc.
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Some information on the LIMITS on Presidential Parties….
The first clause of Article II Section 2 of the Constitution provides: “The President … shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”…
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The pardon given to Michael Flynn is somewhat different. After referencing the charge of lying to federal investigators for which Flynn was convicted, the president goes on to pardon Flynn not just for this crime but also for “any and all possible offenses” within the jurisdiction of the Special Counsel’s investigating authority or relating in any manner to the Special Counsel’s investigation [of Russia’s attempted interference in the 2016 presidential election and links to the Trump campaign.]….
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There are several reasons to expect that a broad pre-emptive pardon would be held invalid. A pardon which doesn’t specify in sufficient detail the offenses pardoned conflicts with the notion that accepting a pardon is an implicit admission of guilt. It is hard to say that a person who has accepted a pardon for any offense he or she may have committed has admitted guilt to an offense when we don’t know what wrongful behavior has been acknowledged. Moreover, judicial language justifying pre-emptive pardons appears to have pardons for specific offenses in mind. In addition, it is unlikely that the framers would have vested in the president the power to issue pardons for offenses of which he was unaware. Amnesties which can benefit people whose identities are unknown must nevertheless specify the offenses that are forgiven….
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Except perhaps where a pardon is explicitly based on innocence, a pardon doesn’t erase a conviction. It simply erases the penalties and at least some disabilities attendant on a conviction. Despite being pardoned a person would, for example, have to answer “yes” when asked if he had ever been convicted of a crime, and in a state where convicted felons are denied the vote, a presidential pardon will not restore that right….
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Whenever it issues, a pardon will not interfere with any rights a third party has to recover damages for another’s criminal behavior even if that behavior has been forgiven by a pardon….