HarthorneWingo wrote:Clyde_Style wrote:HarthorneWingo wrote:
Flynn would still have to testify before a grand jury or any court/hearing if he was subpoenaed. He losses all of his 5th amendment privileges as a result of being pardoned.
Right, that's understood. It doesn't really shield Trump from the testimony of pardoned criminals.
But I'm saying Sullivan may still find ways to overturn the pardon. After all, he nullified Barr's attempt to NOT sentence Flynn for crimes already on the books by holding hearings. I think we may see the same again.
One way or another, Trump's crime pardon spree will likely backfire. And executive immunity will be challenged in the courts if Trump tries to self-pardon.
Yeah, I don't know much on overturning pardons. I'll have to bone up on that. I mean, I don't know that there's any case law on it. The first question is who has jurisdiction over pardons, the courts or Congress?
I'd say it is mostly uncharted waters, but the lack of precedent is why I find random comments that somebody is going to get away with murder because of their pardoning powers to be completely unsubstantiated because to date Presidents have pardoned people assumed to be criminals, but not their co-conspirators.
And that becomes a potential chicken or egg conundrum, i.e. proving conspiracy to commit crimes mutually between pardoner and pardonee.
So I could potentially see a somewhat drawn out process of federal investigators within the DoJ first ascertaining certain crimes like treason or espionage and nailing down the concrete proof of BOTH parties before setting down the path of court challenges to pardons of co-conspirators. That could take a year or more.
That said, someone like Sullivan may simply kickstart that process with Flynn whom he has been tussling with for a long time now. Remember, that crazy lady Sideny Powell represented Flynn and took him down the path of purgatory by rescinding his prior plea deal and engaging in conspiratorial fantasies that royally pissed off Sullivan.
Then Barr tried to withdraw the charges against Flynn and Sullivan shut that garbage down only to be made a fool of now by Trump with the pardon. So he's pissed and I doubt he'll let it go after successfuly shutting down every fraudulent action so far.
Remember also that Sullivan basically called Flynn a traitor. There's blood in the water here. Flynn's connection to Putin was real and Trump is afraid of it coming to light in full. Flynn doesn't seem to want to do jail time so if Sullivan does get the pardon nullified it will send the Trump crime syndicate into a frenzy of fear and retribution and every man for himself. At that point Flynn would need to spill it or do major time.