Legal Consequences of Trump Pardoning Manafort and Gates: Mueller's Enforceability and State Laws

Introduction

The potential for President Trump to issue pardons to Robert F. Romania and Paul Manafort, two key figures involved in the 2016 election, raises significant legal and ethical questions. The recent and ongoing Mueller investigation has uncovered evidence suggesting possible crimes, including money laundering and conspiracy, which could lead to severe consequences if no action is taken.

Understanding the Sequence of Events under American Law

One might wonder about the legal sequence of events, from obtaining a restraining order to trying to file an appeal or issuing a pardon. However, the idea that one can prevent a pardon by obtaining a restraining order is inaccurate. Similarly, filing an appeal after a non-heard case is not possible until a final judgment is issued. The sequence of legal steps typically follows these lines:

Conduct an investigation and gather evidence. File charges and commence legal proceedings. Issue a pardon after conviction. Proceed with the trial and any appeals.

It is essential to understand that these steps should be followed according to the legal framework, and attempts to manipulate the process are legally and ethically problematic.

Implications of a Presidential Pardon

If Trump were to pardon Manafort and Gates, he would be committing a serious political and legal maneuver. This action has implications not only for their legal cases but also for the ongoing Mueller investigation.

Key Considerations:

State vs Federal Laws: While a presidential pardon can clear federal charges, it does not protect individuals from state laws. For example, violations of the RICO Act can lead to severe penalties in states like New York. Acceptance of a Pardon: Accepting a pardon is an admission of guilt, which aligns with the findings of the Mueller investigation. The nature of their activities, particularly money laundering, falls under the purview of both federal and state laws. RICO Act: The RICO Act, which has a much longer statute of limitations, provides for more severe penalties, including life in prison for multiple violations. Manafort and Gates' activities are subject to these laws, which add to the complexity of the situation. New York State Prosecution: If Trump pardons Manafort and Gates, they could still face charges in New York, where the RICO Act is robust. This could result in long-term imprisonment, as RICO sentences require consecutive terms.

Why Trump Might Wish to Pardon Them

It is crucial to analyze the motivations behind any potential pardon. Trump might considerpardoning Manafort and Gates for various reasons, such as personal loyalty or strategic political moves. However, the nature of their alleged activities, including private business practices and money laundering, suggests that such a pardon would be unjustified and legally problematic.

The indictments stemming from their private business practices, which led to Manafort's firing from the campaign, present a clear and compelling case for prosecution. Accepting a pardon would be an admission of guilt and potentially undermine the credibility of the Mueller investigation.

Litigation and Impeachment Risks

The implications of a presidential pardon extend beyond the immediate legal cases. If Trump attempts to use the pardon power to obstruct justice, it could have far-reaching consequences:

Further legal actions, including impeachment. The Mueller findings are already robust, and any attempt to obstruct justice could lead to impeachment proceedings. State laws. Violations of the RICO Act in states like New York could result in significant legal consequences, as evidenced by the scale of their alleged crimes. Ethical and moral implications. The actions of Manafort and Gates, including their involvement in money laundering, highlight the corruption and ethical breaches within the campaign.

The suggestion that Trump would resign to obtain a Pence pardon or face impeachment underscores the high stakes of this situation. The Mueller investigation has uncovered significant evidence, and any attempt to obstruct justice, whether by a pardon or other means, would be met with severe legal and political consequences.

Conclusion

The legal and ethical implications of a potential presidential pardon by Trump, in light of the ongoing Mueller investigation and the involvement of Manafort and Gates in alleged money laundering and conspiracy, are profound. The complexities of federal and state laws, the potential for impeachment, and the significant risks of obstruction of justice underscore the necessity for thorough and fair legal proceedings.