Thread by @ThatShockratees

Here's the cute thing about pardons. I think a lot of folks forget about this aspect. "Taking the Fifth" is a defense to compulsory testimony. It's only available when you're at risk of criminal culpability.

Pardon removes that risk. A pardoned criminal is a criminal with no 5A.

"So what? Why do Flynn or Stone or Barr care if they lack 5A privilege? Isn't that a small price to pay for being pardoned?"

Folks. Let's think this through.

Trump can only pardon while in office. But he can be CHARGED with crimes forever after.

The statute of limitations isn't going to run out, because Trump has continued the cover-up (which is part of the same crime) the whole time he's been in office.

So let's think from Trump's perspective. If he's charged in 2020, would he want Flynn, eg., to have 5A?

"Who cares? They'd just refuse to testify anyway, because they'd be so grateful he already pardoned them!"

<record scratch> <rewind>

Uh. Nope. Refusing to testify is a new, separate contempt crime. And now, there's no one left to pardon them. Bc Trump's out of office.

"Wouldn't they just lie on the stand? To protect Trump?"

HAHAHA. They'd do whatever they had to do, to stay out of jail. Since they'd been pardoned for the ORIGINAL crimes, they'd have zero incentive to do anything but tell the truth (and hang Trump) on the ORIGINAL crimes.

Which should answer your question: "Why the heck hasn't Trump just pardoned the whole lot, already?"

He's not going to pardon ANYONE. At least, not his co-conspirators. He might be able to get Pence to do it if he's impeached. But what does Pence gain?

His co-conspirators have lawyers who are at least as smart as me. So while they might seem to be angling for pardons, and would certainly take them if offered, zero of those guys are genuinely expecting one.

And if Pence did pardon Flynn, Manafort, Stone et al after a Trump impeachment, Trump would still have the same risk - bunch of co-felons floating free with zero 5A privilege and zero reason to protect him.

Here's another conundrum - acceptance of pardon constitutes legal admission of guilt of the crimes pardoned. Asset forfeiture is a civil proceeding. It's an open legal question whether assets gained by crime can be forfeited after pardon.

But I view the correct answer as "yes."