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Comment by efnx

13 hours ago

I think Trump could simply pardon them, unfortunately.

> Trump could simply pardon them

Ironically, one of the most useful things Trump could do is prosecute e.g. Hunter Bide so SCOTUS can strike down preëmptive pardons.

>I think Trump could simply pardon them, unfortunately.

FWIW I think you're not correct here, or rather, it's not merely irrelevant but would actually harm them. The pardon power protects against criminal prosecution by the federal government. But it doesn't protect against mere embarrassment, nor against new actions performed after the pardon. Congress isn't prosecution, their inquiries are just about information finding, and while they can result in information on crimes surfacing, whether or not the USDOJ decides to pursue that or not is completely up to them. The reason a pardon might flat out hurt in such a scenario is that there is an argument it would eliminate any claim of 5th Amendment privileges. That's commonly referred to the right to be silent, and normally that's effectively what it is, but the actual right is the right against self incrimination [0]. If you've been pardoned for something purely federal then by definition it's impossible to incriminate yourself regarding that, because no criminal case can be brought against you. So there'd be no right to refuse to cooperate with a congressional inquiry, and if you didn't that could be treated as contempt which would not be covered by any pardon for the underlying actions.

So yes if a future Administration wanted to pursue criminal prosecutions for crimes that were undertaken by the current Trump Administration, Trump's pardons could certainly put a stop to that. But in terms of "they can basically turn these folks' lives into a living hell of back-to-back hearings", pardons don't help with that one. And if the Democrats just wanted to thoroughly document exactly what went down and who was responsible to make it an indelible part of the history books, with any social consequences that'd come from that, pardons can't help with that either.

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0: Text of the 5th Amendement: "...nor shall be compelled in any criminal case to be a witness against himself..."

  • > in terms of "they can basically turn these folks' lives into a living hell of back-to-back hearings", pardons don't help with that one

    Trump has so thoroughly poisoned the well on the "weaponized DOJ / weaponized IRS / weaponized Congressional investigations" that the Democrats, having no spine, won't bother doing any of that.