# Trump Not Pre-Pardoning Inner circle due to 5th Amendment?

**URL:** <https://boards.straightdope.com/t/trump-not-pre-pardoning-inner-circle-due-to-5th-amendment/928967>\
**Category:** Politics & Elections\
**Created:** [December 26, 2020, 3:37pm UTC](https://boards.straightdope.com/t/trump-not-pre-pardoning-inner-circle-due-to-5th-amendment/928967 "2020-12-26T15:37:48Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [December 26, 2020, 8:53pm UTC](https://boards.straightdope.com/t/trump-not-pre-pardoning-inner-circle-due-to-5th-amendment/928967/21 "2020-12-26T20:53:42Z")

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> [@flurb](#):
>
> That’s the opposite of what prosecutors are supposed to do. You risk granting immunity to an individual whose involvement and culpability were greater than you realized, and you end up getting crucified for letting him or her off scot-free.

Exhibit A:

> **[Karla Homolka](https://en.wikipedia.org/wiki/Karla_Homolka)**
>
> Karla Leanne Homolka (born May 4, 1970), also known as Karla Leanne Teale, Leanne Teale, and Leanne Bordelais, is a Canadian serial killer who acted as an accomplice to her husband, Paul Bernardo, taking active part in the rapes and murders of at least three minors in Ontario – including her own sister, Tammy Homolka – between 1990 and 1992.
> Homolka attracted worldwide media attention when a controversial plea bargain with Ontario prosecutors meant she was only convicted of manslaughter, and s...

Although she got 12 years, which is not exactly scot-free.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [December 26, 2020, 9:14pm UTC](https://boards.straightdope.com/t/trump-not-pre-pardoning-inner-circle-due-to-5th-amendment/928967/22 "2020-12-26T21:14:14Z")

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> [@Fiveyearlurker](#):
>
> I’m talking about immunizing Manafort/Stone et al who have already been pardoned, and therefore are already off scot free for their crimes though.

From a fifth amendment standpoint, being pardoned effectively IS being immunized – you can now be forced to testify regarding the acts for which you were pardoned without the need for an immunity deal. However, the witness’s fifth amendment rights would apply to any testimony outside of those pardoned acts, and the prosecutor could grant further immunity to remove the right. And would have to consider all of the same points I raised in my previous post.

However, I also imagine that sussing out what specific testimony could be compelled by virtue of the pardon would be a word-by-word battle.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [December 26, 2020, 9:22pm UTC](https://boards.straightdope.com/t/trump-not-pre-pardoning-inner-circle-due-to-5th-amendment/928967/23 "2020-12-26T21:22:49Z")

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> [@Exapno\_Mapcase](#):
>
> In short, this is established law.

Interesting fact I didn’t know. You can refuse a pardon but you can’t refuse immunity.

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