Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAmy Coney Barrett Apparently Open to the Possibility of Letting Trump Get Away With All His Crimes
https://www.vanityfair.com/news/2020/10/amy-coney-barrett-trump-pardonSupreme Court
Amy Coney Barrett Apparently Open to the Possibility of Letting Trump Get Away With All His Crimes
The Supreme Court nominee has an open mind re: the president pardoning himself.
By Bess Levin
October 14, 2020
If Donald Trump loses the election, there is a growing chance that when he leaves office he could be prosecuted for a variety of possible crimes, including obstruction of justice, lying to investigators, and tax fraud. With regard to the latter, it would likely be a matter of New York State lawthe Manhattan district attorneys office suggested last month in a court filing that it had grounds to investigate Trump and his businesses for that sort of crimeand there would be little he could do about it. As for the obstruction and lies, once Trump leaves office, he will no longer be able to trot out his absurd claim of presidential immunity as his lawyers have done concerning unrelated matters over the course of his first term. But given that these would be federal crimes, what he might try to do is pardon himself on the way out the door. I wouldnt be surprised if he issues a broad, sweeping pardon for any U.S. citizen who was a subject, a target, or a person of interest of the Mueller investigation, Norm Eisen, who served as counsel to House Democrats during Trumps impeachment, told New York magazine in September. The magazine added that any such case would likely make it to the Supreme Court. And you know whos about to ascend to the Supreme Court? Why, its Amy Coney Barrett, who apparently has an open mind re: the prospect of the president pardoning himself!
During Senator Patrick Leahys round of questioning on the third day of confirmation hearings, he asked Barrett: President Trump claims he has an absolute right to pardon himself. For 200 years the Supreme Court has recognized common law principle that nobody can be a judge in their own case. Does a president have an absolute right to pardon himself for a crime? And the answer wasnt a simple no!
Senator Leahy, Barrett said, so far as I know that question has never been litigated, that question has never risen, that question may or may not arise, but its one that calls for legal analysis of what the scope of the pardon power is. So because it would be opining on an open question when I havent gone through the judicial process to decide it, its not one on which I can offer a view.
Barrett is in good company with another one of Trumps Supreme Court nominees who can also conceive of a scenario in which it would be fine for a president to pardon himself:
Of course this is just one of the many issues Barrett has refused to weigh in on, seemingly because she doesnt want her answers entered into the record or replayed for all the world to see. On the second day of her hearings, she dodged questions on abortion, the Affordable Care Act, and more, apparently forgetting her opinions are extremely clear. So theres probably a good reason she claimed she couldnt weigh in on whether the president would be able to pardon himself, and needing to first go through the judicial process presumably isnt it.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
7 replies, 1024 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (16)
ReplyReply to this post
7 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Amy Coney Barrett Apparently Open to the Possibility of Letting Trump Get Away With All His Crimes (Original Post)
babylonsister
Oct 2020
OP
MFM008
(19,814 posts)1. apparently?
absolutely, its why she was picked.
dchill
(38,502 posts)2. Amy Coney Barr?
Any relation?
Much like Barr, she seems have been auditioning for role for awhile.
dchill
(38,502 posts)6. Familial resemblance!
grumpyduck
(6,240 posts)3. Federal crimes, yeah, I believe it.
State? She can't do squat.
tritsofme
(17,379 posts)4. It's not a clear cut question.
The Constitution says the only limit is: except in Cases of impeachment
Im also not certain it is a question that would necessarily divide the courts along familiar partisan lines.
Blue Owl
(50,402 posts)7. Well if that's what "The Head" wants -- it's not like she's allowed to use her own mind...