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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsQuestion....Can Trump Pardon Himself ? ...thanks for answers..appreciate your insite..!! nt
beachbum bob
(10,437 posts)dameatball
(7,395 posts)Roland99
(53,342 posts)But not for any State crime. Only Federal
Eyeball_Kid
(7,429 posts)1. A straightforward criminal charge. This would make Trumpy or any President immune from any accountability. By extension, he can murder anyone and immediately pardon himself.
2. If Trumpy is a co-conspirator in a RICO charge, he can neither pardon himself nor any co-conspirator.
brooklynite
(94,362 posts)hlthe2b
(102,138 posts)Norm Eisen and even Richard Painter are no slouches either on this.
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=.03eaa7bca159
manor321
(3,344 posts)The Constitution doesn't explicitly forbid the president pardoning himself. However, IMHO, it strongly implies the president cannot pardon himself because it makes an explicit exception to pardons in cases of impeachment (meaning the president can't save himself).
dlk
(11,514 posts)That would be a bridge too far.
LanternWaste
(37,748 posts)Nixon's Justice Departments said no, citing the fundamental rule that no one may be a judge in his own case. 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 persons criminal case, and to intervene on behalf of the defendant when the president determines that would be equitable.
The Constitution embodies this broad precept against self-dealing in its rule that congressional pay increases cannot take effect during the Congress that enacted them, in its prohibition against using official power to gain favors from foreign states and even in its provision that the chief justice, not the vice president, is to preside when the Senate conducts an impeachment trial of the president.
(Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice by Elizabeth Bazan)
Fullduplexxx
(7,846 posts)Which i was told i wouldnt have to if i studied history but here we are......
Fullduplexxx
(7,846 posts)struggle4progress
(118,236 posts)If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President. Thereafter the President could either resign or resume the duties of his office.
Although as a general matter Congress cannot enact amnesty or pardoning legislation, because to do so would interfere with the pardoning power vested expressly in the President by the Constitution, it could be argued that a congressional pardon granted to the President would not interfere with the Presidents pardoning power because that power does not extend to the President himself.
August 5, 1974
MEMORANDUM OPINION FOR THE DEPUTY ATTORNEY GENERAL
I am forwarding to you an outline on the question whether the President can receive an executive or legislative pardon, and several substitute measures. Please advise me whether you require a more definitive memorandum, and, if so, which portions should be expanded upon and which may be dealt with summarily ...
MARY C. LAWTON
Acting Assistant Attorney General
Office of Legal Counsel
https://www.justice.gov/sites/default/files/olc/opinions/1974/08/31/op-olc-supp-v001-p0370_0.pdf
struggle4progress
(118,236 posts)BY ANDREW B. ARNOLD
06/13/18 04:30 PM EDT
Recently, President Trump claimed that he had the absolute right to pardon himself. His lawyer Rudy Giuliani made this claim even more ludicrous. He said Trump could commit murder, pardon himself, and go on as if nothing ever happened ...
... CNBC brought in a dozen experts to debate the issue. John Yoo and other defenders of broad executive power coyly balanced their opinions. He could pardon himself, they said, but he shouldn't ...
... the claim to self-pardon is a claim that any president can violate the Constitutional law of the land and get away with it.
Yet, the Constitution says the opposite. One of the presidents major duties is to take Care that the Laws be faithfully executed ...
http://thehill.com/opinion/energy-environment/392118-a-presidential-self-pardon-would-make-the-constitution-meaningless
Buckeyeblue
(5,499 posts)So anything is possible...