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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Which is also a pretty great way to describe Mother Jones' mission: People coming together around the truth to hold power accountable.

And right now, we need to raise about $400,000 from our online readers over the next two months to hit our annual goal and make good on that mission. Read more about the information war we find ourselves in and how people-powered, independent reporting can and must rise to the challenge—and please support our team's truth-telling journalism with a donation if you can right now.

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