> If someone like Flynn or Kushner were preemptively pardoned, he wouldn’t be able to plead the Fifth Amendment if he were called to testify against Trump. The Fifth Amendment protects citizens against self-incrimination. But if someone has been pardoned, they no longer face the threat of prosecution, and so they can’t use a desire to avoid incriminating themselves as an excuse not to answer a question
Source: 10 legal experts on why Trump can’t pardon his way out of the Russia investigation => https://www.vox.com/2017/8/29/16211784/flynn-charged-fbi-tru...
https://www.washingtonpost.com/news/morning-mix/wp/2017/08/3...
5 years is a pretty short sentence and there were reports of Flynn's son being investigated for crimes as well. This plea deal is certainly just the smallest thing they could charge him with in exchange for his testimony and not hitting him or his family with much more serious charges.
1. Flynn pleaded guilty in part to protect his son, so Trump would have to pardon Flynn's son too to keep Flynn quiet. But Flynn's son hasn't been charged with anything (yet). Trump could issue a blanket pardon for both of them, but that would almost certainly lead to Trump being impeached because that would be such a blatant abuse of power (though in this day and age, who knows?)
2. A presidential pardon is only valid against federal crimes, so it's not a get-out-of-jail-free card.
3. Even if Trump pardoned Flynn, he has almost certainly already provided damning evidence against Trump. Mueller could release that evidence, which is likely sufficiently damning to get Trump impeached.
Edit: https://www.cnbc.com/2017/02/16/trump-no-i-didnt-tell-flynn-...
"Presidents do have broad — but not unlimited — pardoning power."
"The framers of the Constitution put the presidential pardoning power into the founding document in order to correct unjust prosecutions or convictions — both of which had occurred frequently in England.
At the Constitutional Convention, there was a proposal to exempt treason from the president's pardoning power — the notion being that if a president conspired with subordinates to commit treason, he should not be able to protect himself by pardoning fellow conspirators." [1]
[1] https://www.npr.org/2017/07/29/539856280/could-trump-pardon-...
Voters are actually paying some attention. They will toss the Republicans out of power. That has happened routinely in the last ~70 years to both sides when they cross various lines or the stench gets too great.