Why One Hold Out Juror May Have In Fact Saved Democracy

Over the last few days the internet has been ablaze with revel and outrage over the former Trump campaign chairman Paul Manafort’s trial. It was reported that one hold out juror kept Paul Manafort from being convicted of all 18 counts brought against him by the Mueller team. Instead the jury found Manafort guilty on eight financial crime counts and the remaining ten ended in a mistrial.

When the report first broke the internet lit up with excitement and concern. Some were overjoyed that the former Trump campaign chairman would likely flip on the President as a result of the ruling, others were concerned that Trump would inevitably pardon Manafort as a reward for his silence. However, a day later more news broke and the public learned that one stand alone juror had caused the overall mistrial. The reviews we’re mixed.

“I did not want Paul Manafort to be guilty, but he was, and no one’s above the law. So it was our obligation to look through all the evidence,” said Paula Duncan, a member of the Manafort jury who is also a Trump supporter.  “We didn’t want it to be hung, so we tried for an extended period of time to convince her, but in the end she held out and that’s why we have ten counts that did not get a verdict,” Duncan said on “Fox News at Night.” Duncan claims the lone juror did not give a reason for her action, or rather inaction, but one thing is clear; without this juror, America would have been less safe.

Let’s imagine for a moment that Manafort had been convicted on all 18 counts of financial crimes, what would likely happen? Well, it is safe to assume Trump would pardon Manafort. With Manafort pardoned and no more legal action to be brought against him. There is also little reason to think he would work with the Russian investigation, let alone stay in the country. This means that a massive piece of the Russian investigation’s puzzle would be missing. This would definitely slow down Mueller and his team, making it easier for Trump and Russia to subvert and pervert democracy even longer, putting America even more at risk of outside attack and influence. Thankfully though, that is not what happened. One lone juror, of unknown intent, has allowed states to go after Manafort, even if Trump does pardon him. But “how and why,” you may be thinking.

Well, California, New York, Pennsylvania, and Virginia all have laws that protect against double jeopardy in state/federal lawsuits. However, each of these states only protect against double jeopardy in cases where the defendant is found guilty or acquitted. Manafort had ten counts that ended in mistrials, which opens him up to legal action at the state level. This is important because Presidential pardons only apply to federal criminals. So, even if Trump tries to pardon Manafort, he will be going to prison, and not “Club Fed,” a state prison.

The same is being done to long time Trump lawyer, Michael Cohen. Cohen recently plead guilty to eight federal crimes, including tax evasion and making false statements to a bank. This brings to the end a months long investigation into Cohen’s personal business dealings and work done as Trump’s personal lawyer. It’s important to keep in mind here that even though Cohen has plead guilty to eight federal crimes he has also gone on record as saying he will fully cooperate with the Mueller investigation as well as reject all pardon offers the President may attempt.

To insure this, New York’s Attorney General is looking to open a criminal investigation into whether Michael Cohen violated state tax law. New York Attorney General Barbara Underwood recently requested a criminal referral from the state tax department to investigate and potentially file charges against Cohen. New York state has also subpoenaed Cohen in connection to their Trump Foundation probe. This would mean that even if Trump offered a pardon to Cohen and he were to take it, there is little either man could do to avoid Cohen winding up in state prison.

For now, Trump is still undecided as to whether or not he will pardon Manafort. As the Democrats begin to call for Trump’s impeachment, it will be interesting to see how Republicans respond. Especially considering, Congress only needs one brave Republican in order to disclose Trump’s tax returns, and Trump, after a long week of betrayal, wants to make witness flipping “illegal.” As America braces for what may be the most important midterm elections since the founding of our country, we should all give thanks for the one lone juror who, whether she knew it or not, saved Americans from the tyranny of Trump.

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