Why Did Trump Commute Roger Stone’s Sentence Instead of Pardoning Him?

Lynne Sladky/AP

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President Trump has come through for his crooked pal Roger Stone:

President Trump commuted the sentence of his longtime confidant Roger Stone on Friday, using the extensive powers of the presidency to protect a felon and political ally while also lashing out against a years-long probe into Russia’s interference in the 2016 U.S. election.

….While the 643-word statement recited a litany of Trump supporters’ complaints about Stone’s “unfair prosecution, arrest, and trial” — including several complaints about the media — the commutation leaves Stone’s conviction standing. Unlike a pardon, which would have absolved the GOP operative of any wrongdoing, the White House action only lifted Stone’s punishment, a 40-month prison sentence set to begin Tuesday.

That’s kind of a drag for Stone. Why the second-class treatment of a commutation instead of a pardon? Wasn’t Stone important enough for a pardon?

But wait. Someone who gets a pardon can no longer invoke the Fifth Amendment as a justification for refusing to testify in court. If Stone were called in some other case, he’d be required to spill any beans he had. But if I understand the law correctly, a commutation is more limited. The conviction stands, and the possibility of putting yourself in further jeopardy remains. Thus your Fifth Amendment rights stand.

So if you wanted to help out a buddy, but you also wanted to make sure he couldn’t be forced to provide dangerous testimony in the future, commutation sure seems like the best bet, doesn’t it?

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BEFORE YOU CLICK AWAY!

“Lying.” “Disgusting.” “Scum.” “Slime.” “Corrupt.” “Enemy of the people.” Donald Trump has always made clear what he thinks of journalists. And it’s plain now that his administration intends to do everything it can to stop journalists from reporting things they don’t like—which is most things that are true.

No one gets to tell Mother Jones what to publish or not publish, because no one owns our fiercely independent newsroom. But that also means we need to directly raise the resources it takes to keep our journalism alive. There’s only one way for that to happen, and it’s readers like you stepping up. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

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