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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMichael Steele just said he thinks trump is going to pardon himself.
I agree, in fact Id put money on it.
GP6971
(31,148 posts)Cha
(297,196 posts)Cracklin Charlie
(12,904 posts)Im almost ready to make a deal.
quartz007
(1,216 posts)Which article in the US Constitution says that?
brooklynite
(94,535 posts)The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
No constraints on whom he can pardon.
drray23
(7,627 posts)It clearly says he can't pardon himself in cases of impeachment.
brooklynite
(94,535 posts)If he's criminally indicted, he can pardon himself for the crimes charged.
drray23
(7,627 posts)If he did that, it would surely lead to impeachment and conviction. I am sure state charges could be filled for which he would be vulnerable. In addition, I don't think he can pardon future crimes. So, some of the financial shenanigans, if they are still occurring could lead to new charges that he would not be able to escape.
quartz007
(1,216 posts)Which then means, only way we can get rid of Trump is by impeachment! Go blue wave!!
If he is convicted of any crime including the crime of obstruction to justice, the blowhard can get away with it.
pnwmom
(108,977 posts)So did Nixon's Justice Department.
https://www.washingtonpost.com/opinions/no-trump-cant-pardon-himself-the-constitution-tells-us-so/2017/07/21/f3445d74-6e49-11e7-b9e2-2056e768a7e5_story.html?utm_term=.9e728350cd26
Laurence H. Tribe is the Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard Law School. Richard Painter, a law professor at the University of Minnesota, was chief White House ethics lawyer for President George W. Bush from 2005 to 2007 and is vice-chair of Citizens for Responsibility and Ethics in Washington (CREW). Norman Eisen, a senior fellow at the Brookings Institution, was chief White House ethics lawyer for President Barack Obama from 2009 to 2011 and is chair of CREW.
Can a president pardon himself? Four days before Richard Nixon resigned, his own Justice Departments Office of Legal Counsel opined no, citing the fundamental rule that no one may be a judge in his own case. We agree.
The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.
The Constitution specifically bars the president from using the pardon power to prevent his own impeachment and removal. It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself.
SNIP
brooklynite
(94,535 posts)pnwmom
(108,977 posts)Lint Head
(15,064 posts)RockRaven
(14,966 posts)not in an absolute, legally-binding, court-enforceable fashion by itself, but an admission of sorts. Quite simply, if there was no crime committed, then what is even being pardoned?
Add to that state criminal charges to which double jeopardy does not attach, and an attempt at a self-pardon could be disastrous just considering the state-level charges he would be admitting guilt of.
That it would be a disaster at the criminal charge/conviction level, never mind politically, does not in any way mean Trump won't try it though.
Having said that, he's too ignorant to write a proper pardon himself, and the people he would go to to do such a thing might simply refuse to participate in that action. Then what would he do?
quartz007
(1,216 posts)Grammy23
(5,810 posts)As much as I want to see him punished for his crimes, I would take just having him leave and head to Mother Russia. There he can be BFF with Vlad and they can ride horses and play dictator all day. What tRump is too dumb to know is the only jackass more nasty than tRump is Vlad. When tRump is no longer useful to him, Vlad has special plans for Donald. If I were Donald I wouldnt accept any food, beverage or gifts from Vlad. It might be the last thing he remembers.
Gothmog
(145,195 posts)I doubt that Trump can legally pardon himself. The fact that we are having to ask the question is so very very sad https://www.washingtonpost.com/news/politics/wp/2017/05/24/could-trump-issue-himself-a-pardon/?utm_term=.5aac3e6356f6
The constitutional language governing pardons reads, The President shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. That vagueness is part of the reason the boundaries of the authority would need to be interpreted by the courts in unusual cases, like the one at hand.
That said, Kalts got an opinion about what the Supreme Court would do if Trump (or any president) tried to give himself a pardon: Theyd throw it out.
Kalts reasons are similarly rooted in interpretations of the language of the Constitution and the intent of its authors.
For example, a pardon is inherently something that you get from someone else, he argued. Thats not explicit in the constitutional language, but, then, other boundaries we understand for pardons arent either, such as our understanding that there need not be a criminal charge before a pardon. (The most famous example of this kind of pardon was offered by President Gerald Ford to his predecessor, Richard Nixon.)
P.S. Ruckman, professor of political science at Northern Illinois University and author of the blog Pardon Power agreed with this idea in an email. Supreme Court jurisprudence has always assumed a dichotomy the granter and the recipient, he said the implication being that one person cant play both roles.
Whats more, presidents are supposed to be limited, Kalt said. The president has all of this power, but he has a limited term. If he was able to pardon himself, that would project his power well past his term.