1. Legal Hypo: John is a bank robber, robs a bank and is still holding the money. His friend Donald is the President and pardons him for the bank job.
Does John get to keep the stolen money? Is continued possession of stolen funds a new crime?
Does John get to keep the stolen money? Is continued possession of stolen funds a new crime?
2. Now how about a pardon to tamper with a witness? Are the people involved conspiring? Does continued agreement to the criminal purpose of the conspiracy revive criminal liability?
The way to tamper Trump's pardon use is to make clear everyone goes to a grand jury to talk.
The way to tamper Trump's pardon use is to make clear everyone goes to a grand jury to talk.
3. My answer is that unless you have renounced the crime continuation in the conspiracy with a single overt act creates basis for new conspiracy charge that can be brought. Unless Flynn, Stone et al withdraw they can and should be charged as members of ongoing conspiracy.
4. For a pardon to work, you must accept guilt and cease criminal conduct that led to the charge. Keeping the money would be receiving stolen property and the chargeable under the law. The money could be seized and the pardoned criminal charged with a brand new crime.
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