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Moreover, in addition to everything in this thread, we now have a re-invigorated "dual sovereigns doctrine" affirmed by SCOTUS. Which means that any state with jurisdiction, NY most prominently, can prosecute Trump-pardoned criminals under any state law.
Pardon, schmardon.
Pardon, schmardon.
Of course, dual sovereigns prosecution undermines the lack of 5A, because there's still a culpability risk. But the degree to which it undermines it is the exact same degree Flynn, Stone, etc. still remain prosecutable despite a Trump pardon.
Like I said. Pardon, schmardon.
Like I said. Pardon, schmardon.
And that's without even touching the open legal question: "Is a pardon by a co-conspirator who is still actively involved in that conspiracy even valid?"
It's an open question because no one's ever tried it. Not because the answer's anything other than "no."
It's an open question because no one's ever tried it. Not because the answer's anything other than "no."
Ultra vires argument comes to mind.
