Harvey, Derek, and Jason break down Donald Trump’s surprising pardon of Todd and Julie Chrisley, unpacking the legal implications and what could be coming next.
00:00where the president says and pay back the restitution does the government eat
00:07that or do you go to the victims and do they have to pay it what do you mean does
00:11the government eat it in other words the victim you can't go to me and say oh
00:15meaning will the government let him keep it but pay the chrisleys no I don't know the answer to
00:20that will the government eat it and pay the chrisleys remission paid to a victim I don't
00:24know what the chrisleys thing was payment made to the victim cannot be clogged that's the DOJ
00:29but he said there's an exception if the president says it so there's another thing we want to talk
00:33about though there are fines that need to be paid to the government in addition to a crime so some
00:38crimes have with them jail time and a fine of this that fine okay tell her that fine likely is not
00:47wiped out is wiped out so even if you've already paid the fine you can reclaw that I don't know if
00:51the chrisleys got a fine they probably did but there's no vesting issue in a third party okay but
00:57but but but if the victim would be the bank probably or or well no no but you're saying
01:04two things if there's a fine the fine the government has to pay back the money that was
01:09yes if it's restitution yes the person doesn't have to pay it back or the institution doesn't
01:15have to pay back unless the president says that's to repay but my question is if the president says
01:21repay does the victim can you can you take that from the victim or does the government
01:28or does the government just eat it no it'd be clawed back from the victim so how do you get it
01:33from the victim you sue the victim so this would be in a case where you sue the victim yes this would
01:38be in a case imagine the scenario where I get it the bank the bank has turns out to be a bit no no
01:43what I'm saying is the president would do that in a case where it turns out the person was convicted
01:47actually probably didn't do it and the bank hold on hold on we're talking Donald Trump right now
01:51yes okay so that's bad actor that's all no no that's all irrelevant Donald Trump is pardoning
01:57the Chrisley's because the daughter spoke at the Republican convention and was supportive of Trump
02:03and in her petition she didn't talk about any of what you're saying of the crimes she talked about
02:10the support she gave Trump right okay so all of that's irrelevant right right yes okay so now the
02:16question is if the president orders the money back from the bank from presumably but but can he
02:24order the bank to pay back the money or does the government just eat it if that was a if that was
02:30a restitution order past part of the sanction not a civil order in addition civil he can't do
02:36anything about but it's a criminal order to pay restitution to the victims I don't know if this
02:41was we need to look at that then yes he could he could theoretically order that that restitution
02:46order is null and void and clawed only back from the bank and the government but but the government
02:52wouldn't need it I mean they could politically if they want to well no no they wouldn't know
02:56then the taxpayers have to bear I'm talking about the legal procedure the information we saw is
03:00clawed back and clawed back is very specific clawed back is from the victim okay
03:04clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and clawed back and claw