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Sat Jan 9, 2021, 08:35 PM

Ex-Prosecutor Worries Trump Could Pardon Capitol Rioters as Pardon Power Extends to DC Cases

Hat tip, Joe.My.God.

The U.S. Attorney for the D.C. has charged at least 50 people in connection with riots at the Capitol, but a former prosecutor from that office has concerns many more rioters could get away without being charged — or even be pardoned by President Trump.



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CAPITOL RIOT

Ex-Prosecutor Worries Trump Could Pardon Capitol Rioters as Pardon Power Extends to DC Cases

By Jodie Fleischer and Jeff Piper • Published January 8, 2021 • Updated on January 8, 2021 at 8:36 pm

The U.S. Attorney for the District of Columbia has charged at least 50 people in connection with riots at the Capitol, but one former prosecutor from that office has serious concerns that many more rioters could get away without being charged — or even be pardoned by President Donald Trump.

"With Donald Trump, one never knows," said former Assistant U.S. Attorney Glenn Kirschner, who spent 30 years prosecuting federal crimes in the District.

In any other place in the U.S., state and local crimes are outside the reach of a presidential pardon; that would only apply to federal crimes. But in Washington, D.C., local cases are also handled by federal prosecutors, so Trump's pardon ability also extends to local crimes as well.

"It doesn't get any more democracy-damaging than not being able to hold those folks accountable," Kirschner said. ... And he worries that could happen in a number of ways. Protester cases are often challenging since prosecutors need to balance First Amendment rights on a public street. But Kirschner says scores of protestors entering the U.S. Capitol building is vastly different. ... "Disorderly conduct in a federal building, it makes it much easier," he said.

{snip}

YOU KNOW WHAT Skull


24 replies, 1132 views

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Arrow 24 replies Author Time Post
Reply Ex-Prosecutor Worries Trump Could Pardon Capitol Rioters as Pardon Power Extends to DC Cases (Original post)
mahatmakanejeeves Jan 2021 OP
rustysgurl Jan 2021 #1
niyad Jan 2021 #2
rustysgurl Jan 2021 #12
niyad Jan 2021 #20
rustysgurl Jan 2021 #23
PA_jen Jan 2021 #3
niyad Jan 2021 #5
SheltieLover Jan 2021 #15
niyad Jan 2021 #4
PA_jen Jan 2021 #10
niyad Jan 2021 #6
Bradshaw3 Jan 2021 #11
SheltieLover Jan 2021 #16
Bradshaw3 Jan 2021 #17
SheltieLover Jan 2021 #18
niyad Jan 2021 #21
Karadeniz Jan 2021 #7
getagrip_already Jan 2021 #13
aquamarina Jan 2021 #8
soothsayer Jan 2021 #9
Pobeka Jan 2021 #14
in2herbs Jan 2021 #19
question everything Jan 2021 #22
badboy67 Jan 2021 #24

Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 08:38 PM

1. Should he do this (and I don't think he will)

I believe those Republicans "on the fence" would realize just what he is and act accordingly. At least I'd like to think so.

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Response to rustysgurl (Reply #1)

Sat Jan 9, 2021, 08:42 PM

2. Optimistic little thing, aren't you?

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Response to niyad (Reply #2)

Sat Jan 9, 2021, 09:06 PM

12. Thanks for your snarky comment.

I prefer to think optimistically, but I am not naive. I know what he COULD do. I also know there are "some" people around him trying to prevent such folly. But again, thanks for the put-down.

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Response to rustysgurl (Reply #12)

Sat Jan 9, 2021, 09:44 PM

20. It was not meant as a put-down. I admire people who have optimism and hope, as I am an

extremely jaded cynic.

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Response to niyad (Reply #20)

Sat Jan 9, 2021, 11:08 PM

23. Sorry I took it wrong. I'm on edge, as I guess we all are. n/t

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 08:44 PM

3. If he does that he will make legitimate sedition as a ways for 1 political party

to take power. That will be such a dangerous slippery slope.

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Response to PA_jen (Reply #3)

Sat Jan 9, 2021, 08:45 PM

5. Welcome to our DU family.

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Response to PA_jen (Reply #3)

Sat Jan 9, 2021, 09:23 PM

15. Welcome to DU!

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 08:44 PM

4. So, does he issue a blanket pardon to "all the patriots."? Or does he have to name them individually

which would indicate he knows who they all are?

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Response to niyad (Reply #4)

Sat Jan 9, 2021, 08:53 PM

10. He probably knows. Take a look at seth abramson twitter thread and where he ties the

group that created the event to Trumps fund raising group. Those in Washington on Wednesday no doubt gave that pack money.

Thank you for the welcome. I am limited right now on post.

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 08:46 PM

6. An excellent example of why DU needs statehood.

Last edited Sat Jan 9, 2021, 10:06 PM - Edit history (1)

Of course it was supposed to be DC, but I will leave it as is.

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Response to niyad (Reply #6)

Sat Jan 9, 2021, 09:04 PM

11. Think you meant DC but I like the DU idea too

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Response to Bradshaw3 (Reply #11)

Sat Jan 9, 2021, 09:24 PM

16. DU statehood! Yes!

Wouldn't thlat be wonderful?!?

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Response to SheltieLover (Reply #16)

Sat Jan 9, 2021, 09:29 PM

17. If only the government would do as we bid

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Response to Bradshaw3 (Reply #17)

Sat Jan 9, 2021, 09:32 PM

18. Isn't that the truth!



DC & PR will help, though!

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Response to Bradshaw3 (Reply #11)

Sat Jan 9, 2021, 09:56 PM

21. Wow, did not catch that! Thank you! You are correct! Statehood for DU!

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 08:48 PM

7. Opinion please: Trump can't issue pardons related to an impeachment. The papers haven't been

Officially presented to the House, but it's common knowledge. Could he pardon before Monday?

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Response to Karadeniz (Reply #7)

Sat Jan 9, 2021, 09:13 PM

13. that isn't true.. it's NOT what the constitution says...

The constitution says a pardon can't protect someone from impeachment. It has nothing to do with limiting any powers of the potus until he is convicted.

They aren't related.

Here's what it says:

Article II, Section 2 provides:

[The President] ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

That means if someone, like a federal judge, is being impeached on the basis of a crime, a pardon for that crime does not impact impeachment.

The potus still has their full powers until conviction.

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 08:50 PM

8. What? So trump can literally go on

A crime spree his last two weeks in office and pardon himself and his cohorts on his way out? I think it’s long past time to revisit presidential pardon powers.

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 08:52 PM

9. Well the WH Pardon Attorney thing is a fake

Hopefully to get dummies to fess up. Hope they got some!

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 09:17 PM

14. He is damned if he does, damned if he doesn't.

If he issues pardons for sedition -- it is an admission of guilt on those parties -- and Trump incited those activities. He will really face serious criminal charges that could put him away for the rest of his natural life.

If he doesn't issue pardons, then he loses the loyalty of the crazies -- the ones who are sending him cash on a routine basis -- and he desparately needs cash right now.

I believe they call this checkmate.

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 09:42 PM

19. If he does all those caught on camera could rely on the pardon to skate on charges, but

from what I've read most of those arrested have only thus far been charged with misdemeanors and I'm not sure a misdemeanor is pardonable. Maybe others on DU know this answer. (I think the feds are putting off citing all of the charges until Biden is in.)

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 10:13 PM

22. Scary though

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Response to mahatmakanejeeves (Original post)

Sat Jan 9, 2021, 11:40 PM

24. How much do Presidential Pardons cost nowadays?

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