It can not be seriously argued that a POTUS can legally pardon an offense, BY ACCIDENT. Yet, that's exactly the result if we uncritically accept the absurdity that a POTUS can legally pardon an offense that's not only unknown to him, but is also based on conduct unknown to him.
Consider, e.g., a pardon for possible offenses "within the jurisdiction" of special counsel. That, by itself, so vague as to be illusory. The president has no idea what that would mean. Neither for that matter do we, and neither does Flynn. It is, in fact, almost a certainty 1/
that no list of possible offenses within the special counsel's jurisdiction, as originally set forth or as amended. But, let's pick a hypothetical crime -- say, conspiracy to murder a fed official. Would such a hypothetical crime have been within special counsel's jurisdiction 2/
if it occurred in relation to the Trump campaign & RU? Of course. But, if evidence of the pardonee's involvement in this hypothetical crime later surfaced, uncritical acceptance of a vague, overbroad pardon would bar prosecution, even though neither the special counsel, 3/
nor the AG, nor POTUS knew of the crime or the conduct. It would be an accidental pardon. If you think, that's farfetched, think again. I'm not suggesting this crime lurks out there, not at all, but it's inarguable that Trump does not know what conduct or crimes he's pardoning.
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