Over the last few days most pundits have once again predicted that the Mueller investigation is about to wrap-up. Part of their reasoning is based on Andrew Weissmann’s departure from Mueller’s team; Weissmann is purported to be Mueller’s lead prosecutor. I was lucky to catch Jill Wine-Banks (former Watergate prosecutor) on the tube who observed: 1) Weissmann was the person handling all the Manafort matters. Given that the Manafort case is over, it’s not surprising that Weissmann is leaving; 2) Rick Gates is still cooperating on multiple investigations; 3) agents are still combing through the mountain of material taken from Roger Stone. In other words, Jill doesn’t see the investigation ending anytime soon.
I’m hoping the legal beagles in the DKos ether can answer some questions about pardons, double jeopardy, etc.
1. Asset forfeiture. Let’s take Paul Manafort, for example. In addition to his jail time, he’s supposed to pay millions of dollars in fines. If Trump pardons Manafort, is Manafort still on the hook to pay the fines? I’m thinking towards the future with someone like Kushner who likely got $1B from MBS. A WaPo article from June 2018 says, “A full pardon provides absolution; it ends and/or preempts any punishment for an act.” Which seems to indicate the fines are erased.
2. Double jeopardy. There has been considerable discussion about the NY State charges levied against Manafort in that the NY State charges must be crafted so as not to constitute double jeopardy. OK — I get that. Suppose the following happens: Don Jr and/or Kushner get indicted. I would not be surprised if Trump pardons them immediately before they get to trial. Per the Supreme Court, acceptance of a pardon is a confession of guilt. But, do the same double jeopardy rules apply vis-a-vis a state indictment since jeopardy was never attached at the federal level?
TIA.