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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsShould Democrats challenge all pardons trump gave,
Where they can prove he is criminally involved with them , asking the courts to overturn them? I don't think the courts would let that side , or any President could be allowed to conspire criminally without consequences other than an impeachment and conviction, which would allow he and members of Congress to be allowed to subvert the rule of law at will.
brooklynite
(94,745 posts)duforsure
(11,885 posts)Just like giving himself a pardon is thought by many to not be legal, wouldn't that apply to that too? Isn't there talk of challenging that if he tries to do it?
dlk
(11,578 posts)It would be worth a legal challenge.
duforsure
(11,885 posts)Or benefits from being involved in an obstruction of justice for himself by pardon.
Nexus2
(1,261 posts)duforsure
(11,885 posts)duforsure
(11,885 posts)Couldn't all pardons be invalidated?
SmartVoter22
(639 posts)The best solution is to change the pardon laws in the upcoming Congress.
My ideas:
--Make pardons easier (No need for Governor/Presidential order) for most non-violent crimes.
--Prevent 'pre-emptive' pardons and only allow pardons, after legal conviction & one completed appealate process.
--Prevent pardoned person from working in area that the crime involved; ie: no bank frauds working in finance again, etc.
--Prevent a pardon from restoring voting rights for felony election crimes, or crimes committed by an elected official.
That's a few to start with.
If Trump does, and likely will, go on a pardon spree, in his last days...the House should have some bill, on record with the House Clerk, so the courts know the Congressional intent was to prevent pardon abuses, that Trump used/using/will use.
StarfishSaver
(18,486 posts)The pardon power is broad and virtually unfettered - essentially, a president can pardon whomever he wants for any reason he wants.
But even in the very rare instance in which a pardon could be challenged, it can't be done by just anyone and it can't be challenged out of the blue. It would have to be done by a prosecutor and probably only as part of a case in which it's raised as an issue. So, for example, if a parted person were to be charged with a crime, they would move to dismiss the indictment on the ground that they were pardoned. At that point the prosecutor would challenge the pardon as invalid.
But, as I said, that is very unlikely in any circumstance since most pardons are untouchable. Where e a pardon is given as part of, for example, and illegal transaction, the most that could be done would be to charge a president with bribery, extortion, abuse of office, obstruction of justice, etc. But the pardon would still stand.
flor-de-jasmim
(2,125 posts)And pardons can be reversed if it is determined that they were purchased. Oh, and no pardon granted if the offense is linked to presidential misconduct.
duforsure
(11,885 posts)And even if he benefits from obstructing his crimes from being known or prosecuted? I think that they could challenge the legally of his using it for himself , and for self protection, or this would lead to massive criminal acts from people in power, and that's not what the pardon was intended for. The Supremes I think would see where this is going , and rule against its legality in certain cases being used for criminal intent. If they don't a President, or a accomplice could use it to murder then be allowed to walk free, or to use to attack one's own government.
Response to duforsure (Original post)
duforsure This message was self-deleted by its author.