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Perhaps as a preamble to what’s to come, Donald Trump used his sweeping presidential powers on Wednesday to grant Michael Flynn absolute forgiveness. his first controversial national security advisor of the four since he arrived at the White House.
(You may be interested: Donald Trump forgives his former adviser Michael Flynn)
Flynn, a retired general, had to resign after just 24 days in office and it was revealed that he had lied and he hid previous contacts with the Russian ambassador in Washington.
During those contacts, which took place in the transition period between the administration of Barack Obama and that of the Republican president, Flynn promised the Russians to lift the sanctions Obama had just imposed for interfering in the presidential election to favor Trump.
Throughout 2017, the general ended up being a central part of the investigation conducted by a special prosecutor appointed by the Department of Justice to determine Moscow’s role in the campaign.
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That same year, Flynn pleaded guilty to lying to both the FBI and Congress when asked about his contacts with the Russians and should have worked with the authorities. But shortly after, the general tried to withdraw his guilty plea, after Trump had suggested that he forgive him.
The case took a surprising turn this spring when the Justice Department decided to drop the prosecution, claiming that Flynn’s lies had been provoked by investigators.
The judge in charge did not accept the decision, in large part, because it came from William Barr, the attorney general who appointed Trump in 2019 and who is seen as a staunch ally of the president, although he should operate without partisan or political preferences. Since then, the case has remained in limbo.
The United States is one of the few democracies in the world where the president has the power to forgive anyone regardless of the seriousness of the crime. Typically, agents usually wait until their term ends before using it to avoid criticism.
Trump, for his part, has used it sporadically and in high-profile cases, such as that of controversial Sheriff Joe Arpaio and far-right populist Dinesh D’Souza.
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But it is speculated that he will use it extensively now that he is about to leave, and likely to forgive friends, former officials and collaborators who could interfere with future trials. Among them, Paul Manafort, his former campaign manager who was sentenced in 2019 to four years in prison.
As is well known, as president, Trump cannot be prosecuted. But once he leaves the White House, dozens of legal proceedings against him await. The most serious have to do with tax evasion and shady maneuvers in their real estate business.
And many more could stem from the way he handled his loss to President-elect Joe Biden. On the one hand, trying to pressure his party politicians to give votes to the Biden-owned Electoral College. On the other hand, by interfering in the delicate process of connection between the two administrations.
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“There is no doubt that the president has broad powers to grant pardon. But when they are used to protect himself, his family and other associates from possible criminal investigations, we are talking about the kind of corruption that the founding fathers wanted to prevent, “said Adam Schiff, the Democrat who leads the House Intelligence Committee. who led the process Trump’s impeachment for putting pressure on Ukrainian leaders to investigate Biden.
There is no doubt that the president has broad powers to grant pardon
It is also believed that the president of the United States will attempt what no other president in history has done before: forgive himself before leaving the Oval Office.
It is a very explosive issue and one that, if it does happen, will likely end up in the Supreme Court of Justice.
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Most experts believe it would be unconstitutional. But there is a sector among the country’s jurists who believe the president’s powers are unlimited and include this possibility.. Given that the court is made up of six conservative judges, it is believed that they might agree, as at least two of these – nominated by Trump– suggested in hypothetical terms that this is a viable option.
SERGIO GÓMEZ MASERI
Correspondent EL TIEMPO
WASHINGTON
On Twitter: @ sergom68
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