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The Implications of Trumps Pardon on Michael Cohen and the Justice System

January 06, 2025Workplace4664
The Implications of Trumps Pardon on Michael Cohen and the Justice Sys

The Implications of Trump's Pardon on Michael Cohen and the Justice System

Recent discussions and speculations have revolved around the potential consequences of Trump's potential pardon of his former lawyer, Michael Cohen. This article delves into the legal, ethical, and political ramifications of such an action.

Understanding the Current Status of Michael Cohen

As of now, Michael Cohen has not been charged or officially accused of any crime, whether federal or state. The status of his case is currently under the jurisdiction of the State of New York. Given that the President has no authority to pardon individuals for state-level offenses, any speculation about a potential pardon being applicable to Cohen is premature and unfounded.

Limited Power of Presidential Pardons

A presidential pardon can only be applied to federal crimes, not state-level offenses. Therefore, if Cohen were to be indicted and charged on the federal level, a pardon could apply, but it would come with a significant caveat. Accepting a presidential pardon would remove his right to invoke the Fifth Amendment, which protects individuals from being compelled to testify if doing so might incriminate them. This means that if Cohen were to accept a pardon, he would be compelled to testify and provide all necessary information. This act would not be advantageous for Trump in any legal sense.

Political and Ethical Ramifications

The act of pardoning a close associate, particularly one who could potentially have information that could implicate the president himself, raises serious questions about the integrity of the justice system. Trump's willingness to use his power to protect Cohen would be seen as a breach of the public trust. Critics argue that such actions would indicate a willingness to subvert the justice system to protect personal associates from legal trouble, effectively stating, "My friends are above the law, even when convicted by it."

Blackmail and Political Manoeuvers

Beyond the legal implications, there are also concerns about the potential use of Cohen for blackmail. If Cohen possesses information that could be damaging to Trump, accepting a pardon becomes a strategic move. Accepting the pardon could still leave Trump vulnerable if Cohen uses the information to blackmail him or his allies, citing the terms of the pardon as proof of illegal activities.

Conclusion

The next few months are likely to be particularly interesting as this matter unfolds. Whether or not Trump pardons Michael Cohen, the broader implications for the justice system and public perception of the presidency will remain a critical issue. As the situation develops, close attention will need to be paid to the legal and ethical ramifications of any actions taken by Trump regarding Michael Cohen.