Sunday, July 23, 2017

Treason should not be rewarded

we are at the point in the Trump-Russia investigation where talk of presidential pardons for players in  the collusion, no check that, treasonous dealings with Russia has hit the airwaves. Yes, the investigation being conducted by Mueller seems to be making Donald Trump nervous that he or those around maybe indicted for some crime. Heck, we already know that Jared Kushner, Attorney General Sessions, and General Flynn have more than likely committed at least one offense so far, perjury or something along that lines. Now Trump Jr. has provided the link that the campaign of Donald J. Trump was at least willing to work with Russian intelligence. Now there is a strong feeling that Russia funneled large amounts of money to Trump before the campaign and that Trump quite possibly aided in laundering of money for Russian Oligarchs, check that, Mafia. I know it is too early to know the exact details of Trump-Russia involvement or if there were any prosecutable crimes committed, but when the President start talking about pardoning his associates and himself you have to say something stinks even if you cannot see the rot.
So what happens if Trump goes on a pardoning spree? First, I don't think his pardoning himself would hold much legal water because it would mean that the president could commit any crime he wanted without any repercussions with the exception of impeachment. Second, by accepting a pardon those Trump pardons would be acknowledging their own guilt, at least that is what the Supreme Court said in Burdick V. United States in 1915. That ruling had to deal with if a person refuses a pardon is the pardon valid. Apparently this Burdick guy refused a pardon because, at least part of it, was it would be an admission of guilt and he did not want to do that for he believed he was innocent. Keep all this in mind as we proceed down this layman's analysis of this strange situation and Constitutional law road. Hang on, it's full of bumps.
Ok, let's say Trump pardons everyone, resigns, and the new President pardons the former president, what then. Trump and his minions get away with what could be the worst crime in Presidential politics. Keep in mind they received funds from Russia in the commission of the criminal act and Trump has profited from the Office. What a shaft job to the American people; well at least those of us not on the Trump Train to disaster. They should not count all that money just yet. Let's look at something Attorney General Sessions is pushing for drug cases and apply that same thing to Trump Treason, that is asset forfeiture. Sessions says that criminals should not profit from their crimes and he is right. You are saying, "But if Trump pardons people there will not be a trial so the government will not be able to seize assets." True, there will not be a "criminal trial ."
The thing about crimes, most crimes anyway, there is the criminal code part and then there is the civil part. Pardons only cover crimes. The civil part, restitution, or in this case the ill gotten gains, is a whole different ball of wax. The government has the right, and should exercise that right, to go after the profits Donald Trump and his associates made during their dealings with Russia. Trump would fight it but he would lose, and even if he were to appeal, the money would be tied up for years. Why would Trump lose? Remember that case I cited earlier on how accepting a pardon can be seen as an admission of guilt? Yes, the acceptance of the pardon would be enough to say that the profits were from a criminal act and therefore subject to civil seizure by the government. The beauty of the civil case is there is no need to prove "beyond a reasonable doubt", preponderance of the evidence is enough. Now think about the hundreds of millions , possibly billions of dollars, Trump and his family would lose. Even assets such as his properties owned by him and his family, even if held by the Trump organization, would be seized. After this is over, if justice prevails, Trump could go from the White House to flopping on someone's couch. So Trump can pardon himself and his associates, but in the end he will see that crime doesn't pay. Trump chose to dance with the devil and now the piper is awaiting his pay.

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