General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSomebody in the Trump Administration has a brain.
Commuting Mr Stone's sentence was clever. If he'd been pardoned, he could not invoke the Fifth in a related court case, because he couldn't be incriminating himself. Commutation does not carry that immunity, so he could refuse to answer future questions.
-- Mal
soothsayer
(38,601 posts)KPN
(15,642 posts)(1) distance himself (after a wink and nod between he and his master), and
(2) avoid a potentially significant mutiny at DOJ.
Slug needs to slither back under that leaf from whence he came.
The Velveteen Ocelot
(115,674 posts)and commutation means the conviction stands; he just doesn't have to do prison time. Since double jeopardy has attached due to the conviction, meaning he can't be tried again for those crimes, I don't see why he'd be entitled to plead the Fifth in this instance either - at least with respect to the elements of the crimes for which he was convicted.
VMA131Marine
(4,138 posts)that would overturn his conviction. If he succeeded before Trump/Barr are out of office Im guessing they would pull a Flynn and just drop the case. Put Stone on the stand and you cannot compel testimony unless you gave, and he accepted, immunity because anything he testified to could be used against him.
The Velveteen Ocelot
(115,674 posts)but he has appealed. https://www.washingtonpost.com/local/legal-issues/roger-stone-appeals-conviction-for-lying-to-congress/2020/04/30/30127062-810f-11ea-8de7-9fdff6d5d83e_story.html If the appeal is successful he'd get a new trial and it would start all over again. But this will take awhile, and if he wins the appeal, is retried and convicted again, it would probably be after Trump is out of office (we hope) and he wouldn't get either a sweet deal from the DoJ or a pardon or commutation from the new president. I am expecting that the appeal will be dropped at some point for that reason.
House of Roberts
(5,168 posts)if he refused to answer, due to the fifth amendment not being applicable?