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Jed Shugerman @jedshug
, 8 tweets, 4 min read Read on Twitter
People keep asking about Manafort pardons. Set aside the state crim problem. Starting last Monday, Manafort spoke to Mueller’s team to get a deal.
A pardon cannot unring that bell. He can be called as a witness with *immunity* to tell the truth (Pardon doesn’t create immunity)...
2/ Mueller will get Manafort to a grand jury soon, but Manafort has already proffered key information to get a deal.
Note: SDNY hasn’t made a deal with Cohen probably because he hasn’t given them enough reliable info. That suggests Manafort gave up more significant info already.
3/ If Manafort is pardoned, then given immunity, but contradicts last week’s proffered info to Mueller at a trial, he risks obstruction for lying to prosecutors or perjury for lying in court.
Would immunity have to extend to perjury/obstruction?
And if not, could he plead 5th?
4/ I just have a phone on me, and this is an interesting question that probably isn’t going to play out (b/c of Manafort’s state crim liability). Thoughts? @Mimirocah1 @danielsgoldman @Delavegalaw @CBHessick @nycsouthpaw @AshaRangappa_ @BarbMcQuade @JoyceWhiteVance @emptywheel
5/ Background: I posted this yesterday, but I’m trying to game this out, even if pardon is still wildly unlikely.
6/ I think I have an answer, h/t @alegalnerd:
If Manafort gets broad pardon (a big IF, and ignoring his huge state crim liaility for now), and then feds grant him immunity to compel testimony, it seems he can change his tune from proffered info w/ impunity for obstruction, but...
7/...but if Manafort testifies with a new story, prosecutors can impeach his testimony by introducing his proffered statements (maybe Gr.Jury this week?). The only way to unring bell is for Manafort to refuse to testify entirely and risk crim contempt, and hope for new pardon...
8/ But here's a fun twist on pardons: Get Congress to compel Manafort's testimony. Based on my reading of @joshchafetz's excellent "Congress's Constitution," plus cases, a president cannot pardon contempt of Congress. So that proffered bell would ring in impeachment proceedings.
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