Connect with us

The Dictatorship

The incredibly high stakes of a Ghislaine Maxwell pardon

Published

on

The incredibly high stakes of a Ghislaine Maxwell pardon

One of the biggest questions people were asking after Department of Justice officials met with Ghislaine Maxwell in a Florida courthouse late last week was: What did the DOJ plan on asking Jeffrey Epstein’s former alleged enablerwho’s now serving a 20-year federal sentence for sex trafficking?

Another big question: What are a convicted sex trafficker like Maxwell’s answers worth?

What are a convicted sex trafficker like Maxwell’s answers worth?

Maxwell might have information that is devastating to the president, or no information about the president at all. And it could be that the government’s interest in speaking with Maxwell is purely for the pursuit of justice and does not pertain to the president’s personal self-interest.

Perhaps an even bigger question here: What does the government have to offer Maxwell in return if it is seeking her cooperation?

The most obvious answer is her freedom, which could come in the form of a presidential pardon. When asked about issuing a pardon or clemency to Maxwell, Trump on Friday told reporters: “I’m allowed to do it, but it’s something I have not thought about.” For Maxwell’s part, her attorney said in response to Trump’s comments: “We haven’t spoken to the president — or anybody — about a pardon,” but added, “we hope he exercises that power in a right and just way.”

The pardon power is arguably the broadest power granted to the president by the Constitution. Indeed, it knows few strictures. And that was before the Supreme Court’s 2024 presidential immunity decision. The court’s decision in Trump v. United States held that a former president has absolute immunity from criminal prosecution for core official acts, presumptive immunity for other official acts, and no immunity for private or unofficial conduct. The pardon power unquestionably falls into the first category: It’s a core official act.

As law professor Kim Wehle pointed out some time ago, when the Supreme Court’s immunity decision was before the court on oral argument, the parties seemed to agree that the pardon power “unlike virtually any other provision of the Constitution, cannot be reasonably construed as limited or constrained in any way, for any reason — even if used corruptly or to facilitate the commission of a crime.” Justice Sonia Sotomayor answered the question even more directly in her dissent: “Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.”

On the one hand, this kind of meeting — with prosecutors seeking information from a criminal in exchange for some leniency — goes on all the time. Government prosecutors routinely enter into cooperation agreements with criminals, including criminals who are liars — often convicted liars. In trials, prosecutors will own this. They will say in their closing arguments to a jury at trial something to the effect of, “We didn’t choose this witness; the defendant chose this witness.” Or, “Liars hang out with other liars; they don’t hang out with honest people.” Cooperating witnesses, or “cooperators,” testify favorably for prosecutors in return for leniency in their own cases.

The problem is, as defense attorneys see it, someone sitting in federal prison for 20 years might have an incentive to say anything they have to say to get out of prison. The DOJ knows there are risks in relying on dishonest criminals for information. But there’s the reasoning that it’s criminals who know what the other criminals do. Additionally, juries seem to accept that cooperating witnesses are flawed people. (Isn’t everyone? Well, maybe not like this.)

It’s likely Maxwell is too radioactive to Trump. The president has shown he likes to pardon people who will get him good press, not bad press.

So, might Maxwell’s attorneys have similarly demanded leniency — in the form of a pardon or clemency from the president, for example? It would certainly be good advocacy to make the request. Indeed, a senior administration official, who spoke to NBC News on condition of anonymity because he was not authorized to speak publicly, said that Maxwell was granted limited immunity by the Justice Department to answer questions about the Epstein case, without risk of additional prosecution.

And Maxwell’s attorneys could, in theory, ask for a pardon in direct exchange for their client’s testimony, should Trump’s DOJ determine her testimony is sufficiently valuable whether for the pursuit of justice or Trump’s self-interest.

If Trump is already confident there’s nothing in the Epstein files that can damage him, as he has claimed, then Maxwell’s information might just not be that valuable to him.

But most important, it’s likely Maxwell is too radioactive to Trump. The president has shown he likes to pardon people who will get him good press, not bad press. He’s trying to distance himself from Epstein — not cozy up to the one person who may have been convicted in Epstein’s stead. And Trump doesn’t really dispense pardons that liberally. Ten years ago, he could have avoided making an enemy out of his then-trusted confidant and lawyer Michael Cohen when Cohen was charged by federal prosecutors (it remains a mystery why he didn’t do so). Cohen has been a thorn in Trump’s side ever since.

The Jan. 6 pardons were mass pardons, but that doesn’t mean they were scattershot or haphazard. (In fact, there’s plenty of precedent for mass pardons. President Jimmy Carter pardoned everyone who dodged the Vietnam War draft. President George Washington pardoned the participants in the Whiskey Rebellion.) Importantly, those Jan. 6 defendants were all Trump’s base, so he presumably got a lot in return, politically, from that decision.

For all of American history, there was nothing wrong with a president pardoning someone when it served his interests. The Framers, though they were obsessed with preventing corruption, deliberately chose to vest the vast pardon power in the executive. It was a matter of debate, and some of the Framers didn’t want to include it. It’s part of the English (royal) tradition; but it’s also not essential to our working government.

Self-interested pardons have always been a hallmark of presidential pardons, though not those processed by the Office of the Pardon Attorney. Bill Clinton pardoned his brother and a billionaire financier whose ex-wife donated heavily to the Clinton Library and Hillary Clinton’s Senate campaign.

It’s just that now, after the Supreme Court immunity decision, the president can probably openly sell pardons if he wants to. Let’s hope Trump doesn’t want to sell one to Maxwell. Even if he is in fact “allowed to do it.”

Danny Cevallos

Danny Cevallos is an BLN legal analyst who practices in the areas of personal injury, wrongful conviction and criminal defense in Pennsylvania, New York and the U.S. Virgin Islands at the law firms of Cevallos & Wongin Pennsylvania and Edelman & Edelmanin New York, where he is of counsel.

Read More

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

The Dictatorship

Millions of Americans may qualify for Canadian citizenship under new law

Published

on

Millions of Americans may qualify for Canadian citizenship under new law

SIOUX FALLS, S.D. (AP) — Millions more Americans might qualify for dual Canadian citizenshipunder a recent change to Canada’s requirements that has led to a surge in applications from its southern neighbor.

For people like Zack Loud of Farmington, Minnesota, it was a surprise to learn that under a new law, Canada already considered him and his siblings citizens because their grandmother is Canadian.

“My wife and I were already talking about potentially looking at jobs outside the country, but citizenship pushed Canada way up on our list,” he said.

Since the new law took effect Dec. 15, immigration lawyers in the United States and Canada say they have been overwhelmed by clients seeking help submitting proof of citizenship applications. Driven by politics, family heritage, job opportunities and other factors, thousands of Americans are exploring whether the easier process makes now the right time to gain dual citizenship.

Nicholas Berning, an immigration attorney at Boundary Bay Law in Bellingham, Washington, said his practice is “pretty much flooded with this.”

“We’ve kind of shifted a lot of other work away in order to push these cases through,” he said.

How the new law works

Canada has been changing its citizenship laws for decades, whether to update historic interpretations of law or to address discrimination issues.

Previously, Canadian citizenship by descent could only be passed down to one generation, from a parent to a child. But the new law opened up citizenship to anyone born before that date who could prove they have a direct Canadian ancestor — a grandparent, great-grandparent or even more distant ancestor.

Those born on or after Dec. 15 need to show that their Canadian parent lived in Canada for 1,095 days.

Under the new law, descendants of Canadians are already considered citizens but must provide proof to obtain a certificate of citizenship. Hayer estimated that there are millions of Americans who are Canadian descendants.

“You are Canadian, and you’re considered to be one your whole life,” said Hayer, who advocated for the new law in parliament. “That’s really what you’re applying for, the recognition of a right you already have vested.”

“The best way I can put it is like, if a baby’s born tomorrow in Canada, the baby’s Canadian even though they don’t have the birth certificate,” he said.

Americans interested in dual citizenship

American applicants have different motivations, but many say President Donald Trump’s immigration crackdownand other topics have led them to seek dual citizenship.

Michelle Cunha, of Bedford, Massachusetts, said she decided to move to Canada after reflecting on decades of political activism and deciding she had “nothing left to give.”

“I put in my best effort for 30 years. I have done everything that I possibly can to make the United States what it promises the world to be, a place of freedom, a place of equality,” Cunha said. “But clearly we’re not there and we’re not going to get there anytime soon.”

Troy Hicks, who had a great-grandfather born in Canada, said he was spurred by an international trip.

“I recently went to Australia and you know, first words out of the first person I talked to in Australia was basically an expletive about Trump and the U.S.,” said Hicks, of Pahrump, Nevada. “It was just like, whoa, I walked off a 20-hour flight and literally the first words of somebody’s mouth to me were that. … So the idea of doing that with a Canadian passport just seemed easier, better, more palatable.”

Maureen Sullivan, of Naples, Florida, said she was motivated by the immigration crackdownin Minnesota, which hit home when her teenage nephew encountered federal officers near his high school in St. Paul. Sullivan, whose grandmother was Canadian, said she sees citizenship in Canada as an option in case things in the U.S. “really go south.”

“When I first heard about the bill, I couldn’t believe it. It was like this little gift that fell in my lap,” Sullivan said. “There was kind of this collective excitement amongst the (family) who just felt like, we wanted to feel like we were doing something to take care of our security in the future if needed.”

How much will Canadian citizenship cost?

For those with documentation ready at hand, the proof of citizenship application fee is a relatively inexpensive 75 Canadian dollars ($55).

But costs will climb for those seeking help from an attorney or genealogist to locate records like birth, death and marriage certificates that can establish the lineage to a Canadian ancestor.

Cunha said she used an attorney and estimates the cost will be about $6,500.

However, Mary Mangan, of Somerville, Massachusetts, filed her application in January using advice from online forums.

“There are some situations where a lawyer might be the right thing, but for many people, I would guess 90% of people can probably do this on their own,” Mangan said.

The website for the Immigration, Refugees and Citizenship Canada office, which processes applications, says processing times for a certificate is around 10 months, with more 56,000 people awaiting a decision.

The agency said that from Dec. 15 to Jan. 31, it confirmed citizenship by descent for 1,480 people, though not all were Americans. Last year, 24,500 Americans gained dual U.S.-Canada citizenship.

What’s the reaction in Canada?

Fen Hampson, professor of international affairs at Carleton University in Ottawa, said Canadians are generally a “welcoming people.”

Hampson said some also worry a surge of interest from Americans could delay efforts by refugees and asylum-seekersfleeing vulnerable situations.

“I think where people start looking askance is someone who’s never been to Canada, who has very thin ties. They can get a passport, becoming Canadians of convenience. People don’t like that,” he said.

Read More

Continue Reading

The Dictatorship

U.S. special forces soldier charged with using classified intel to win $400,000 bet on Maduro’s capture

Published

on

U.S. special forces soldier charged with using classified intel to win $400,000 bet on Maduro’s capture

Federal prosecutors have charged a U.S. special forces soldier with using classified intelligence to place winning bets worth more than $400,000 on the capture of Venezuelan President Nicolás Maduro earlier this year.

Master Sgt. Gannon Ken Van Dyke allegedly accessed nonpublic details about a U.S. military operation targeting Maduro and used that information to make a series of wagers on the prediction market Polymarket, according to an unsealed indictment.

U.S. Attorney for the Southern District of New York Jay Clayton said Van Dyke “violated the trust placed in him by the United States Government by using classified information about a sensitive military operation to place bets on the timing and outcome of that very operation, all to turn a profit.”

Van Dyke was directly involved in planning and executing the mission beginning in December 2025, giving him insight into the timing and likelihood of the operation’s success, according to prosecutors.

Maduro and his wife, Cilia Flores, were captured in January during a predawn U.S. military seizure in Caracas, when special operations forces stormed their compound after months of intelligence gathering. The couple was quickly taken into custody, extracted under heavy security and flown out of Venezuela to the United States to face federal charges. The pair is currently being held at the Metropolitan Detention Center in Brooklyn.

Authorities allege Van Dyke placed more than a dozen bets totaling upward of $33,000 in late December and early January, correctly predicting that Maduro would be removed from power by the end of the month. Those wagers ultimately generated profits exceeding $400,000.

Van Dyke then attempted to conceal his activity by routing the proceeds through cryptocurrency accounts and other financial channels.

Van Dyke, who was stationed at Fort Bragg, North Carolina, faces five criminal charges including theft of government information, wire fraud, commodities fraud and unlawful monetary transactions. Officials said he had signed multiple nondisclosure agreements prohibiting the release or use of classified material linked to the operation.

“Today’s announcement makes clear no one is above the law, and this FBI will do whatever it takes to defend the homeland and safeguard our nation’s secrets,” said FBI Director Kash Patel.  “Any clearance holders thinking of cashing in their access and knowledge for personal gain will be held accountable.”

The case underscores growing scrutiny of prediction markets and the potential for insider abuse, particularly when tied to geopolitical events.

“Prediction markets are not a haven for using misappropriated confidential or classified information for personal gain,” Clayton said. “That is clear insider trading and is illegal under federal law. Those entrusted to safeguard our nation’s secrets have a duty to protect them and our armed service members, and not to use that information for personal financial gain.”

The Commodity Futures Trading Commission, which regulates prediction markets such as Polymarket, also filed a formal complaint Thursday against Van Dyke. The CFTC is seeking financial repayment, penalties and a permanent ban on trading activities, along with an injunction to prevent any future violations of federal commodities laws.

“I have been crystal clear that anyone who engages in fraud, manipulation, or insider trading in any of our markets will face the full force of the law,” said CFTC Chair Michael S. Selig.

When asked about Van Dyke’s indictment on Thursday, Trump told reporters in the Oval Office that he was not aware of the case, but referenced a former Major League Baseball player who was permanently banned in 1989 for betting on games, including those involving his own team.

“That’s like Pete Rose betting on his own team,” Trump said.

Ebony Davis is a breaking news reporter for MS NOW based in Washington, D.C. She previously worked at BLN as a campaign reporter covering elections and politics.

Read More

Continue Reading

The Dictatorship

We’re witnessing transparent attempts to diminish Black political strength

Published

on

We’re witnessing transparent attempts to diminish Black political strength

We’re awaiting the Supreme Court’s decision in Louisiana v. Callaisa case about how to draw congressional maps that may bring Chief Justice John Roberts’ final blow against a Voting Rights Act he already weakened. But in the meantime, the Louisiana Legislature has been engaged in an even more transparent attempt to diminish Black political strength. In November, 68% of voters in the majority-Black city of New Orleans chose as clerk of criminal district court Calvin Duncana jailhouse lawyer who was imprisoned for 28 years for a murder he didn’t commit. In what is the first legislative session since then, white lawmakers far removed from New Orleans (politically if not geographically) both chambers have now voted to eliminate the office that Duncan won before he can occupy it.

We can count on the state Senate approving some minor amendments to the bill — perhaps as early as Monday — and Gov. Jeff Landry has promised to sign the bill once it reaches his desk.

The Louisiana Legislature is making an even more transparent attempt to diminish Black political strength.

For the past two presidential cycles, many Democrats have argued that “democracy is on the ballot.” The implication was that Donald Trump represented a grave threat to the future of our republic. And Trump’s pardoning of Jan. 6 insurrectionists, his vote-throttling SAVE Act, his moves against birthright citizenship, his hypocritical stance against mail-in voting and his administration’s refusal to swear off sending immigration officers to the polls in November are all signs that he is hostile to full participation in democracy. And Roberts, who has had it in for the Voting Rights Act since he worked in the Reagan administrationand the other conservatives on the court appear to be equally hostile.

However, threats to democracy exist outside the White House and the Supreme Court: Plenty of states — and, to a much lesser extent, some local governments — have been choking out democracy themselves.

Preemptionin which a state government overrules the decision of a local government, has been rampant for decades, and it has had the expected effect of weakening Black political strength. Then there are those states that tyrannically strip away the authority of local governments. This week, Tennessee passed a law that will put political appointees, and not the duly elected school boardin charge of the Memphis-Shelby County school system, whose students are more than 70% Black. Mississippi passed a law this month that strips Jackson (the second-Blackest big city in the country) of majority control of its long-troubled water system. In 2023, as Fulton County, Georgia, District Attorney Fani Willis, a Black woman, was pursuing a prosecution against Trump, Gov. Brian Kemp signed a bill to stop “rogue or incompetent prosecutors” who “refuse to uphold the law.” That was an attack on the Black voters of Atlanta.

But Duncan may soon be the most recognizable victim of such plantation-style attacks on democracy. Duncan got elected, and all of a sudden his office — which maintains the records used in a busy criminal court — was deemed superfluous. When the bill becomes law, those records are to be handled by the civil court clerk.

Knowing the future of his office was in doubt, Duncan defiantly took the oath of office Tuesdayahead of the scheduled May 4 start of the term. The Louisiana Legislature is still racing to have Gov. Landry sign the bill eliminating his office before May 4.

State Sen. Jay Morris, a Republican who lives about five hours from New Orleans, says he didn’t talk to anybody in the city before filing his bill: “It wouldn’t have made a difference. There was no point in that.” Morris hasn’t been convincing that his real motivation is saving money. Louisiana’s Republican leaders, especially Attorney General Liz Murrill, who wrongly claims Duncan wasn’t exoneratedhave seemed dead set on putting Duncan in his place — and, by extension, putting the voters of New Orleans in theirs.

Louisiana’s Republican leaders seem dead set on putting Duncan in his place — and the voters of New Orleans in theirs.

To be clear, this not the Louisiana Legislature’s first expression of racist paternalism. For more than 10 years after Hurricane Katrina, the state maintained control of New Orleans schoolsin the same manner Tennessee is taking control of the schools in Memphis. And when the Crescent City’s elected officials voted to remove a quartet of white supremacist monuments blighting its landscape, members of the Louisiana Legislature tried — unsuccessfully, but still — to strip the city of its power to take them down. Notably, their counterparts in Alabama did succeed in passing a bill protecting Confederate monuments — to keep any uppity cities there from following New Orleans’ lead.

Roberts justified a 2013 ruling weakening the Voting Rights Act with the specious claim that the “blight of racial discrimination in voting” that had “infected the electoral process in parts of our country for nearly a century” no longer existed. Justice Ruth Bader Ginsburg famously dissented that Roberts’ thinking was akin to “throwing away your umbrella in a rainstorm because you are not getting wet.” To the extent that there was less apparent discrimination, Ginsburg argued, it was because the Voting Rights Act was there to prevent it.

But egregious examples of racist voting policies continue to exist in this century. White people in my mother’s tiny hometown of Kilmichael, Mississippi, had, with one exception, long held every municipal position — because they were in the majority, and every elected position was voted on at-large. And 25 years ago, the town’s changing demographics meant a Black candidate was poised to win each of those seats, and the town canceled the election.

Yes, canceled. As in: We won’t have an election if the results will put Black people in charge.

Patrick Braxton wrote for this website two years ago that when he was elected mayor of Newbern, Alabama, in 2020, officials there responded by changing the locks at the town hall and refused to share the town’s financial records.

I hope that what happened to me, that they would make sure what happened to me would never happen to nobody in life.

calvin duncan

Kilmichael and Newbern have about 700 residents between them. But Atlanta, Memphis and New Orleans are big cities, and the attacks on Black political strength there have been only slightly less blatant.

News reports describe a series of speakers speaking up for democracy Tuesday as Duncan symbolically took his oath of office. “Today we honor the will of the people of Orleans Parish — manifested on Saturday, Nov. 15, 2025!” said one former New Orleans councilwoman and state lawmaker.

“Regardless of what they do in Baton Rouge and whoever gets this position,” Duncan said, “I hope that what happened to me, that they would make sure what happened to me would never happen to nobody in life.”

Duncan was talking about being wrongly imprisoned for murder. But he could have been talking about the Louisiana Legislature’s shameless move to disenfranchise not only him — but also disenfranchise voters in a majority Black city.

Jarvis DeBerry is an opinion editor for MS NOW Daily. He was previously editor-in-chief at the Louisiana Illuminator and a columnist and deputy opinion editor at The Times-Picayune.

Read More

Continue Reading

Trending