Professor Bruce Green co-authored an op-ed for USA Today about the possibility of President Trump pardoning Paul Manafort.
Now that a jury has convicted Paul Manafort of eight counts of federal crimes, everyone is wondering if President Donald Trump will pardon him, as he pardoned Arizona Sheriff Joe Arpaio, another political ally. While pardoning Manafort seems like a misuse of presidential power and may be a bad political move as well, in certain respects, it’s not such a bad idea.
The Constitution gives the president the “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
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Some have argued that a pardon would constitute obstruction of justice because it would make it harder for Mueller to procure Manafort’s truthful testimony against Trump. But that is a misunderstanding. Federal prosecutors have the power to compel Manafort to testify even after a pardon. Manafort could not be prosecuted for the underlying crimes, but his testimony could be used against other government officials including the president and he could be prosecuted for perjury if he lies under oath.
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If he does pardon Manafort, many might think that the president was simply protecting a crooked crony, but give Trump some credit. Not only will he have protected a crony in a way that respects the constitutional process and avoids a legal crisis, but he will have done so in a manner that is transparent.