Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

malthaussen

(17,187 posts)
Sat Jul 11, 2020, 11:57 AM Jul 2020

Somebody 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

7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

KPN

(15,642 posts)
2. Probably Barr, the guy who said he was opposed to pardoning/commuting, but only did so to
Sat Jul 11, 2020, 12:02 PM
Jul 2020

(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)
3. However, he's already been convicted of the crimes
Sat Jul 11, 2020, 12:03 PM
Jul 2020

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)
4. I believe Stone is still trying to get a new trial
Sat Jul 11, 2020, 12:24 PM
Jul 2020

that would overturn his conviction. If he succeeded before Trump/Barr are out of office I’m 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)
7. In that case, yes. His request for a new trial was denied by the trial judge,
Sat Jul 11, 2020, 01:28 PM
Jul 2020

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)
5. Does that mean he would be subject to contempt charges
Sat Jul 11, 2020, 12:25 PM
Jul 2020

if he refused to answer, due to the fifth amendment not being applicable?

Latest Discussions»General Discussion»Somebody in the Trump Adm...