Donald Trump’s ability to issue presidential pardons has
been the ultimate weapon looming over Robert Mueller’s investigation, reported New York Magazine. Trump
could potentially pardon
himself of any crimes. More important, he could dangle a pardon to his
former staffers to encourage them not to supply Mueller with any incriminating
information on Trump. Mueller is apparently handling his investigating like the
prosecution of a mob boss, pressuring underlings to flip on the boss. Trump’s
advantage is that, unlike a mob boss, he can give out an unlimited number of
get-out-of-jail-free cards. Trump has reportedly
mused in public about using the pardon — and his pardon of Joe Arpaio
flaunted his willingness to use it on behalf of a political ally, even in
outrageous fashion.
But it turns out that there is a flaw in Trump’s strategy.
The presidential pardon only applies to federal crimes.
As NBC reported, it is possible for state governments to press charges in some of
the alleged crimes committed by Trump’s cronies. “You would have to find that
one of those [election] crimes occurred in New York,” Jennifer Rodgers, a
former federal prosecutor, told NBC. Of course, some of the alleged crimes
almost certainly did take place in New York. And sure enough, Josh
Dawsey reports, Mueller is teaming up with New York Attorney General Eric
Schneiderman. “One of the people familiar with progress on the case said both
Mueller’s and Schneiderman’s teams have collected evidence on financial crimes,
including potential money laundering,” he notes.
Trump can pardon anybody facing charges from Mueller, but
not from Schneiderman. It is probably significant that Mueller is letting this
fact be known to Trump’s inner circle. Trump’s biggest source of leverage over
Mueller just disappeared.
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