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If Trump Pardons Maxwell (??? for Lawyers and the Legally Informed) [1]

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Date: 2025-07-25

There’s a lot of armchair speculation buzzing around the interwebs regarding the legal repercussions of a possible deal between Trump and Maxwell. I’m not an attorney and have zero experience with or exposure to the workings of criminal law. So I’m writing here to see if there are any legal professionals in the Kos community who might be able to offer some insight.



Some areas of interest/concern:



I’ve seen speculation that if the orange stain pardons Maxwell, she no longer has to fear self-incrimination and thus could not exercise her 5th Amendment rights during congressional testimony and would be compelled to testify. But any pardon she might receive from PedoPrez would only extend to federal crimes. Does that not mean that it would still be possible for her testimony to make her vulnerable to state level criminal charges, thus preserving the utility of the 5th Amendment?

The 5th Amendment protects us from self-incrimination, but it cannot be invoked to avoid incriminating someone else. If she is asked in a deposition whether or not she witnessed another person committing a crime, she may not plead the 5th. She has to answer. If she attempts to protect another person with her responses and it can be demonstrated that she is lying, could she not be charged with perjury?



Would her risk of facing state level criminal charges be minimal due to statutes of limitations? (Many of her crimes took place years ago).



Would accepting a pardon work against her in possible civil suits because a jury can use it to imply guilt/liability?



My understanding is that a federal pardon applies only to crimes for which the recipient has been convicted in federal court. If the recipient should then go on to commit other or additional crimes, they still may be prosecuted by the federal government. Is this correct, or is it actually possible to issue a “future proof” blanket pardon that shields the recipient from prosecution for any other crimes going forward? A get out of jail free card is one thing, but a never have to worry about ever coming back to jail for anything card is quite another.



If I understand correctly, the commutation of a sentence can be granted without granting a pardon, so that the conviction stands but the punishment is lessened or waived. Politically, it seems like either option (pardon or commutation) would be toxic for Trump. If he pardons her, it reeks of cover-up, but he could try to argue that he thought the whole case was bogus. If he simply commutes her sentence, that’s pretty much saying that he agrees with the validity of her prosecution and conviction, but that he’s letting her avoid the consequences. That would enrage a portion of the MAGA base. But those are political considerations. Is there any legal utility (for Maxwell or Trump) in choosing a commutation over a pardon?



Thanks to any who are qualified and willing to answer!

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[1] Url: https://www.dailykos.com/stories/2025/7/25/2335282/-If-Trump-Pardons-Maxwell-for-Lawyers-and-the-Legally-Informed?pm_campaign=front_page&pm_source=latest_community&pm_medium=web

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