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Hey, lawyers! Is this true?
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Has Achieved Nirvana
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posted 29 December 2020 10:45 AM
quote:
Michael Cohen says the associates Trump pardoned may now be forced to testify against him because they can no longer invoke the Fifth Amendment


https://www.msn.com/en-us/news...mendment/ar-BB1cjAs0


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38235 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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posted 29 December 2020 12:52 PMHide Post
pardoned

"As Harvard Law professor Laurence Tribe explained to Time in 2017, "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 [the Justice Department] and Congress to require such individuals to give testimony that could prove highly incriminating to Trump himself.""


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Posts: 25850 | Location: Still living at 9000 feet in the High Rockies of Colorado | Registered: 20 April 2005Reply With QuoteReport This Post
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Minor Deity
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posted 29 December 2020 01:27 PMHide Post
I don't really know. The only thing I know is I would hesitate to take legal advice from Michael Cohen.

In any event, no one can be forced to testify. Courts can impose penalties against those who refuse, like fines and jail time.

Also, I haven't read the pardons themselves. What are people being pardoned for -- any criminal conduct since the day they were born?
 
Posts: 19833 | Location: A cluttered house in Metro D.C. | Registered: 20 April 2005Reply With QuoteReport This Post
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posted 29 December 2020 03:02 PMHide Post
Here's the Flynn pardon:

https://www.cnn.com/2020/11/30...read-file/index.html


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38235 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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posted 29 December 2020 03:11 PMHide Post
I think all of DJT's pardons are here:

https://www.justice.gov/pardon...nald-trump#dec222020


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38235 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
Minor Deity
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posted 29 December 2020 07:08 PMHide Post
How delicious. I love it. The orange fooker need to end up in jail.

Jf


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Posts: 17737 | Location: Maine | Registered: 20 April 2005Reply With QuoteReport This Post
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posted 29 December 2020 09:51 PMHide Post
Three thoughts:

One, refusing to testify could result in contempt of court, and someone held in contempt can be jailed indefinitely. (Although, if I recall correctly, at some point, if there's really no realistic belief that they'll change their minds, you have to let them go.)

Two, you can still be in legal jeopardy under state law, and, if so, you can still invoke the Fifth. So, it depends on whether there's a real possibility that truthful testimony could result in criminal jeopardy under state law.

Three, if you do testify, you have to be honest. A pardon in January won't protect you if you commit perjury in February. (Proving perjury isn't easy, though.)
 
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