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dlk

(11,566 posts)
Sun Jun 3, 2018, 12:53 PM Jun 2018

According to Former US Attorney, a Trump Self-Pardon Would Likely be a "Self-Executing Impeachment"

According to Preet Bharara, a former US Attorney, if Trump were to give himself a pardon, it would probably be a "self-executing impeachment." However, Trump obviously thinks, as president, he above the law and his paid agents are busy planting that seed in the media. We are looking at a dangerous Constitutional crisis and we can't count on Republicans to put the Constitution before Party.


https://shareblue.com/preet-bharara-trump-pardon-self-executing-impeachment/

13 replies = new reply since forum marked as read
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According to Former US Attorney, a Trump Self-Pardon Would Likely be a "Self-Executing Impeachment" (Original Post) dlk Jun 2018 OP
Not with a GOP controlled House Freethinker65 Jun 2018 #1
GOP will not control the house come January krawhitham Jun 2018 #9
Even if they win by enough margin to overcome GOP cheating... Crash2Parties Jun 2018 #12
But the DOJ isn't going to indict him so no need for a pardon Cicada Jun 2018 #2
No, Trump can't pardon himself. The Constitution tells us so. Gothmog Jun 2018 #3
+1000 smirkymonkey Jun 2018 #4
Trump don't need no stinking' rule of law (n/t) PJMcK Jun 2018 #5
I wonder if there are secret indictments? Tavarious Jackson Jun 2018 #7
As much as he calls the WH a "dump" FirstLight Jun 2018 #6
Bharara: "that's not what the framers could have intended. Hortensis Jun 2018 #8
Just a thought as we go off the deep end Srkdqltr Jun 2018 #10
This was essentially decided back in 1788 Shoonra Jun 2018 #11
The Senate won't convict. Republicans won't vote for it. JustABozoOnThisBus Jun 2018 #13

krawhitham

(4,644 posts)
9. GOP will not control the house come January
Sun Jun 3, 2018, 03:22 PM
Jun 2018

And that is with all the gerrymandering nationwide, imagine what it will be like after more states vote on gerrymandering rules

Crash2Parties

(6,017 posts)
12. Even if they win by enough margin to overcome GOP cheating...
Sun Jun 3, 2018, 04:08 PM
Jun 2018

There's a really good chance based on previous incidents that the Dems will revert back to,
"off the table"
"time to move on"
"heal the country"

It's...what they do.

UNLESS we make it clear to them from now to November that prosecuting all involved GOP is why we are voting them into office.

Cicada

(4,533 posts)
2. But the DOJ isn't going to indict him so no need for a pardon
Sun Jun 3, 2018, 01:23 PM
Jun 2018

DOJ policy is that the constitution forbids indicting a sitting president.

Gothmog

(145,288 posts)
3. No, Trump can't pardon himself. The Constitution tells us so.
Sun Jun 3, 2018, 01:31 PM
Jun 2018

From Prof. Tribe and others 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=.a066d8b411f4

Can a president pardon himself? Four days before Richard Nixon resigned, his own Justice Department’s 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.

The pardon provision of the Constitution is there to enable the president to act essentially in the role of a judge of another person’s criminal case, and to intervene on behalf of the defendant when the president determines that would be equitable. For example, the president might believe the courts made the wrong decision about someone’s guilt or about sentencing; President Barack Obama felt this way about excessive sentences for low-level drug offenses. Or the president might be impressed by the defendant’s subsequent conduct and, using powers far exceeding those of a parole board, might issue a pardon or commutation of sentence.....

President Trump thinks he can do a lot of things just because he is president. He says that the president can act as if he has no conflicts of interest. He says that he can fire the FBI director for any reason he wants (and he admitted to the most outrageous of reasons in interviews and in discussion with the Russian ambassador). In one sense, Trump is right — he can do all of these things, although there will be legal repercussions if he does. Using official powers for corrupt purposes — such as impeding or obstructing an investigation — can constitute a crime.

But there is one thing we know that Trump cannot do — without being a first in all of human history. He cannot pardon himself.
 

Tavarious Jackson

(1,595 posts)
7. I wonder if there are secret indictments?
Sun Jun 3, 2018, 02:12 PM
Jun 2018

Those could go on for years hidden. Could Rudy be anticipating a Trump loss in 2020 with potential secret indictments pending and waiting for a superseding indictment when Trump is out of office? Could Trump pardon himself before leaving office and with not enough time for impeachment proceedings? We already know republicans will let him try.

FirstLight

(13,360 posts)
6. As much as he calls the WH a "dump"
Sun Jun 3, 2018, 02:00 PM
Jun 2018

I can see him doubling down and refusing to leave, even if indicted/convicted/impeached...

They will literally have to drag him from the place by his ankles as he screams like a toddler having a fit.

Either that or he will finally snap and instead of a frog-walk, there will be a straight-jacket and an ambulance as he screams profanities and foams at the mouth...

Hortensis

(58,785 posts)
8. Bharara: "that's not what the framers could have intended.
Sun Jun 3, 2018, 03:15 PM
Jun 2018
That’s not what the American people, I think, would be able to stand for.”

Bharara is saying this is NOT a way out of the trap Trump has maneuvered himself into, not because a legal argument can't be made but because, even if it were eventually ruled technically legal, it wouldn't work.

The 15 legal experts discussed in Vox's article basically come to the same conclusion.

Vox: President Trump is considering pardoning himself. I asked 15 experts if that's legal.

All the experts agreed about one other fact: Even if Trump does pardon himself, that would not shield him from impeachment hearings. And most believe if he did make a move like this, it would be both an admission of guilt and a potential constitutional crisis.

https://www.vox.com/policy-and-politics/2017/7/21/16007934/donald-trump-mueller-russia-investigation-pardon-impeachment


Srkdqltr

(6,290 posts)
10. Just a thought as we go off the deep end
Sun Jun 3, 2018, 03:48 PM
Jun 2018

He can't pardon himself until or unless he is convicted of.... something.
Come down out of the trees and extinguish all hair fires.
CONVICT him first the worry about pardons


Shoonra

(521 posts)
11. This was essentially decided back in 1788
Sun Jun 3, 2018, 03:56 PM
Jun 2018

Back in 1788, in the Virginia state convention to decide whether to ratify the proposed Constitution, the question was raised on whether the President could get involved in some sort of crookedness and then pardon his accomplices. The answers, supplied by such authorities as Madison and Monroe, was that if the President dared to issued pardons to his own accomplices, those pardons might be valid for the accomplices, but the act would positively be sufficient to justify impeachment of the President.

It almost sounds as if they had someone in mind.

JustABozoOnThisBus

(23,343 posts)
13. The Senate won't convict. Republicans won't vote for it.
Sun Jun 3, 2018, 04:11 PM
Jun 2018

And, I believe President Pence would be even worse.

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