Lucy Hamilton
Diamond Member
- Oct 30, 2015
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- #41
When you take a pardon, you admit that you were guilty. Therefore the right to not self incriminate is voided."unless Manafort has a "smoking Gun" type of evidence holding out for a pardon seems his best bet."
Yes and if he has a smoking Gun type of evidence and they think he has and if The Donald Pardons him then he forfeits the Fifth Amendment and then they can force him to answer questions and testify against The Donald. If I was advising Trump I would advise him NOT to Pardon Manafort as it ONLY refer to Federal and not State so eg. if they get Manafort in a State situation then he will be FORCED to answer questions and testify he CANNOT say no and do the Fifth Amendment anymore.
Forfeit the 5th Amendment? I don't think so, can anybody tell me under what circumstances my 5th amendment rights could be gone?
That said (asked), it sounds like Manafort was guilty and therefore ought not to be pardoned. JMO.
And where does it say that? First of all, being pardoned doesn't mean you admitted anything, you were already found guilty in a court of law and is therefore assumed you were guilty of that for which you were convicted. BUT - that does not mean you lose your 5th Amendment rights when it comes to any other charge that might be brought against you. Show me where it says that being pardoned means your 5th Amendment rights are forfeited. Manafort could be subpoenaed to testify in a trial against somebody else, but he cannot be forced to incriminate himself in any new charges that might be brought against him.
Read the links I have just provided, it all is in them especially in the first but it's longer than the second link.
I read 'em. Your 1st link deals with double jeopardy, I don't see anything in there that says someone's rights against self-incrimination are forfeited. Maybe you can find that passage. Certainly, Manafort or anyone else could be brought up on State charges somewhere for basically the same thing, a presidential pardon doesn't shield him from that. The second one is a Vanity Fair article, which is most likely biased; so far as I can tell, there is no circumstance whatsoever that compels me to testify against myself in any US court of law. I'm gonna keep looking though, cuz I think this is interesting; I cannot believe that I could be forced to incriminate myself, not buying it.
I only know this because a few days ago I was emailing with an American friend in Texas who is a lawyer and also he voted for Trump and supports Trump and I say that The Donald could Pardon Manafort and he say he would not recommend that The Donald did that and I ask why and he told me because then Manafort would forfeit his right to the Fifth Amendment.