did trumps lawyer obstructed justice when he secretly floated pardons for manafort and flynn.

by Roberta Hodkiewicz 9 min read

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Why is it not necessary to discuss a pardon with the recipient before it can be granted?

If Trump wanted to pardon Flynn and Manafort, he could just do so on his own. One reason to discuss a pardon with them is to extract some thing of value in exchange , such as a promise not to cooperate with Mueller. Could such an arrangement explain Manafort’s persistence in maintaining his innocence, even after his co-conspirator Richard Gates has pleaded guilty and agreed to cooperate against him ?

Does the President have the power to pardon?

Some have argued that the President’s power to pardon federal offense is absolute, so there is nothing wrong with discussing it with anyone he wants. While the President does indeed have the power of the pardon, as with all powers, he may not use it corruptly. For example, the President also has the power to appoint cabinet secretaries and federal judges, but he may not so in exchange for bribes. Similarly, the President may grant pardons as expressions of mercy to those who show remorse for their crimes or for any other legitimate reason, but he may not grant pardons to silence would-be witnesses against himself or his associates.