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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI think Nancy Pelosi is holding back the impeachment to stop
Pig Dick Donald from pardoning the seditionists and treason weasels.
He can't pardon any of them now because he is implicated in the FELONIES they committed.
She's going to wait so he can't pardon them
Thekaspervote
(32,778 posts)soldierant
(6,888 posts)the Georgia elections won't be certified until Tuesday at the earliest.
After that, Ossoff and Warnock can be sworn in.
After that, Mitch McConnell is no longer an obstruction to a fair trial. (Not that there' aren't other obstructions, but that's a big one, as we all know.
essaynnc
(801 posts)I've heard and read both ways on here, that impeachment stops him from making any more pardons, and that it DOESN'T stop him from making any more pardons. Now the post says he can't pardon because he is implicated in their crimes?????
SOMEBODY PLEASE GIVE A DEFINITIVE ANSWER !!!!!!!!!!!!!!!!!!!!!!!!
StarfishSaver
(18,486 posts)He can pardon anyone he wants for any reason he wants, regardless whether he's been impeached, as long as he's still in office.
The only connection between pardon and impeachment is that he cannot use the impeachment power to pardon someone out of being impeached.
Turin_C3PO
(14,004 posts)but CNN had some law guy on the other day saying otherwise and it confused me. Glad youve cleared it up.
Celerity
(43,408 posts)saying 'I, Donald John Trump, as POTUS, hereby pardon ALL the people at the Capitol protest on January 6th, 2021 for EVERY possible crime committed that day and/or any and all crimes related to it and leading up to it.' is enough to actually pardon them all, a complete blanket pardon for all the crimes, even murder, AND that Trump did not even need to write anything out, nor sign anything, ever.
That sounded like bullshit to me, so not surprised to see other POSSIBLY dodgy shit pumped out on CNN.
PTWB
(4,131 posts)The constitution puts essentially zero limitations on the pardon power and there are no instructions or clarification on how a pardon may be granted. About the only real restriction is that someone who has been impeached may not be pardoned for the offenses for which they were impeached.
StarfishSaver
(18,486 posts)A person can be pardoned for any federal crime, including crimes for which they were impeached. They just cannot be pardoned from being impeached.
Celerity
(43,408 posts)to the same degree as a lawyer written, meticulously drafted specific pardon doc that is then signed by Trump?
That sounds like (literally) god-like powers, as many, if not most, religions have their 'god' speaking the universe into reality.
That is mental AF! (not you! lolol)
Buckeye_Democrat
(14,855 posts)This country has been pretty fortunate over the years to have mostly decent people as President. Far more decent than a mobster-type like Trump, anyway.
StarfishSaver
(18,486 posts)I doubt any court - even a Trump court - would uphold such a broad and vague pardon.
Celerity
(43,408 posts)paleotn
(17,931 posts)Unlimited pardon power invested in any president. A heavy lift since it will require a constitutional amendment, but it needs to be done.
We don't need criminals just committing crimes because they can get away with it through the pardon process. This has been severely abused, and to the detriment of our democracy and has to be stopped.
StarfishSaver
(18,486 posts)Trump has abused it in a way that has benefitted a handful if criminals. But the pardon has almost always been used for good purposes, providing justice and mercy to thousands and thousands of deserving people.
We can't let Trump's abuses force us to throw the baby out with the bathwater.
mdbl
(4,973 posts)StarfishSaver
(18,486 posts)Because, like most people, you probably never paid attention to the pardons presidents have granted over the years and only notice the controversial ones.
mdbl
(4,973 posts)but I do think the abuse issue should be addressed.
Solomon
(12,310 posts)responsible people to office.
mdbl
(4,973 posts)StarfishSaver
(18,486 posts)rather than to create an authoritarian structure that takes away all of our discretion and choices.
There is no way to "fix" the system to make it impervious to human frailty and evil - unless we turn it into into a completely different system than we have with absolutely no room for human choices. We have always depended upon people electing responsible leaders. And, for the most part, until 2016, we have done pretty well.
And in 2018 and 2020, we stepped in and began to correct it, taking power away from Trump and giving it to someone who can be trusted with it.
That's how our republic works.
mdbl
(4,973 posts)we dodged a cannon ball this time. I have been watching this build up for almost 40 years and it's not getting better. It wouldn't be bad to place a few limitations on the president, such as the president can't pardon those involved in crimes where the president is involved. I don't see how that is going to cause a problem in the future.
StarfishSaver
(18,486 posts)the president is charged with the crime?
Certainty and finality are paramount in our justice system. Once a person is pardoned, the pardon is effective and it is final. If a president who has not been charged with or convicted of a crime pardons a person for a crime that the president is suspected of participating in, there's no way to invalidate the pardon.
While this is enormously frustrating, it is also extremely rare in the scheme of things. Trump has pardoned a handful of people who have likely committed crimes with him. But in the larger context, thousands and thousands of deserving people have been pardoned over the years, thanks to the president's virtually unlimited pardon power. Trump's wrongdoing shouldn't be an excuse for upending entire systems that have worked very well prior to his presidency.
The more logical and important thing is for us to take elections much more seriously than we have, and stop treating them like they're popularity contests or opportunities just to make a point.
mdbl
(4,973 posts)I'm done.
StarfishSaver
(18,486 posts)And what does their opinion have to do with what the Constitution says about a president's pardon power?
StarfishSaver
(18,486 posts)Solomon
(12,310 posts)paleotn
(17,931 posts)I just don't think a president, a governor or any individual, no matter how well intentioned, should have that kind of power. So modify it with some sort of vetting and / or veto process. Absolute power of any kind is inherently dangerous.
StarfishSaver
(18,486 posts)But good luck getting that constitutional amendment ratified.
However, if we're going to be expending energy on constitutional amendments, There are quite a few that would have a higher priority for me then limiting a president pardon power.
BobTheSubgenius
(11,564 posts)I see no reason for someone to make that up, so I take it as true.
soldierant
(6,888 posts)but not for past pardons, only for future ones.
Captain Zero
(6,809 posts)pardon powers and impeachment.
This guy, if nothing else, has pointed out unexpected flaws in it when dealing with a maniac.
We need to clear up some vagaries.
wnylib
(21,486 posts)he can't pardon himself? (Which was questionable anyway)
Last night I viewed an old Rachel Maddow program about presidential pardons for people who were involved in crimes where the president's involvement was suspect and being investigated. She used Nixon and Haldeman as an example.
Rachel played a tape that Haldeman made of Nixon suggesting and then outright saying that a pardon could come from him for Haldeman as long as Haldeman did not testify against Nixon. According to Rachel, it was generally accepted then that such a pardon was invalid because it was conditional and illegally offered to cover Nixon's a$$.
Wouldn't the same hold true for Trump and the insurrectionists especially now that Trump has been formally charged with inciting the insurrection and is being investigated for it?
whopis01
(3,514 posts)lame54
(35,293 posts)Used against him in his impeachment trial
StarfishSaver
(18,486 posts)MoonRiver
(36,926 posts)as in why did he pardon people who tried to overthrow the United States government. His trial in Schumer's Senate would be a disaster (for Idiot).
PJMcK
(22,037 posts)Then he issued some pardons that were legally recognized. Doesn't that speak clearly?
The thing is that Trump wasn't convicted in the Senate "trial." If he had, he would have lost the presidency and its powers, including the pardon authority.
In the current circumstance, Trump's Senate trial probably won't begin until he's no longer president. The impeachment, or indictment, had to happen while he was still president but the trial can take place after he's out of office. If he's convicted-- as I hope!-- he will lose the perks of a post-presidency but his actions as president, including any pardons, would stand as legal and legitimate.
I'm not a lawyer but that's my best understanding as I've read about this. If anyone who reads this has better information, I welcome the correction.
soldierant
(6,888 posts)as does your logic. UANAL, and IANAL, but just as an uninformed opinion, if I were wanting a Presidential pardon from an impeached President, I would not want it to have been issued between the time the House passed the Article(s) and the time of acquittal. I doubt there's any precedent on that.
IsItJustMe
(7,012 posts)found guilty of this charge in the Senate, the pardon could be in question. Sounds like something the USSC would have
to rule on one way or the other.
So many firsts and I pray for so many lasts.
soldierant
(6,888 posts)StarfishSaver
(18,486 posts)Pardons have no effect on impeachment and impeachment have no effect on pardons.
They are completely unrelated.
IsItJustMe
(7,012 posts)An impeached and convicted President can't pardon. What happens to the pardons that are made between the impeachment and conviction. You say it does not matter. Others would disagree. I have no clue.
StarfishSaver
(18,486 posts)Once granted by a president, a pardon is permanent and can't be revoked. The fact that after the pardon was granted, the president somehow stopped being president through expiration of his term, resignation, death or removal by the Senate, is irrelevant.
cstanleytech
(26,293 posts)limited in that he cannot pardon himself for things he has been impeached for nor can he pardon those involved in what he was impeached for either or atleast not until after the trial occurs in the Senate.
After all it would fly completely in the face of justice if a President had the ability to engage in a criminal conspiracy and then pardon his co-conspirators as well as himself.
Of course that depends on what SCOTUS rules and if they are in favor of supporting such a conspiracy.
kst
(69 posts)The President "shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment".
That doesn't mean he can't grant a pardon for a crime for which someone has been impeached. It only means that a pardon cannot reverse an impeachment. (Some smart people have argued otherwise. I think they're wrong.)
Suppose Judge Smith is caught accepting bribes. The House votes to impeach him, and the Senate votes to convict. He's removed from office. Separately, he's prosecuted for the crime of bribery. A Presidential pardon can reverse the effect of the criminal prosecution, but it cannot reverse the effect of the impeachment. He's still removed from office (and optionally disqualified from any future office), but won't go to prison.
As for pardoning co-conspirators, that's tricky. The Constitution doesn't limit the pardon power based on the motive for the pardon. If the President pardons someone in return for a bribe, that's an impeachable offense and a crime on the part of the President, but it's not clear that it invalidates the pardon. The authors of the Constitution don't appear to have considered that possibility, and there's no precedent.
Common law and common sense imply that a President cannot pardon himself, but that has never been tested. Even Nixon didn't try it.
StarfishSaver
(18,486 posts)backscatter712
(26,355 posts)Essentially, Trump's committing the crime of conspiracy by issuing those pardons, thus a judge can strike them.
Also, the Constitution states that the POTUS's pardon power can't be used in cases of impeachment.
Blue Owl
(50,415 posts)Tiddly-Wink Donny is no match for Pelosi's chessboard
liberalla
(9,249 posts)StarfishSaver
(18,486 posts)liberalla
(9,249 posts)Hmmm, unfortunately she hasn't discussed these details with me!
Do you have any theories?
StarfishSaver
(18,486 posts)McConnell has already said he's not going to even take up the article until after noon on Wednesday, so there's no way a trial can be conducted and Trump removed before his term ends. And if she sends this over to McConnell while he's still in control, I don't trust him not to allow a motion to dismiss the impeachment to be made and passed, thereby getting rid of it before the Dems take over.
liberalla
(9,249 posts)I trust Nancy to do what she thinks is best.
Crash2Parties
(6,017 posts)PJMcK
(22,037 posts)One, Speaker Pelosi might want to wait 100 days into Mr. Biden's presidency allowing him to get his officials confirmed by the Senate and enact the important legislation that we need to start fixing the fuckups of Trump.
Two, she might want to wait until Senator Schumer is the Majority Leader of the Senate because he will set the terms of the impeachment trial.
There might be others but I found those two thoughts using Google in about 0.015 seconds!
liberalla
(9,249 posts)Phoenix61
(17,006 posts)power as he was already an impeached president and issued pardons after that. Being convicted by the Senate would change that as he would no longer be president.
magicarpet
(14,155 posts)... who stormed the Capitol.
Cha
(297,302 posts)Great NEWS! TY!
StarfishSaver
(18,486 posts)Sorry
Cha
(297,302 posts)StarfishSaver
(18,486 posts)the Senate can infer from the pardons that he, too, is guilty of being complicit in their crimes, and she's waiting until he's out of office and, thus, no longer has the power to pardon anyone, you are correct.
But he still has full power to pardon people for felonies, even if he's been impeached.
And, fyi, Pelosi hasn't held back the impeachment. The House has already impeached him. She just hasn't sent the articles of impeachment to the Senate for trial. But that doesn't change or eliminate is power to grant pardons.
Cha
(297,302 posts)"pardons" drive me crazy as they would anyone who doesn't want criminals roaming around bc.. trump.
Ligyron
(7,633 posts)Or does it have to be more specific as to exactly what crimes the pardon applies to?
It can't extend into the future can it?
BTW, thanks for setting us straight on a lot of these legal issues.
Cheezoholic
(2,026 posts)"except in Cases of impeachment" I believe that definition has, technically, ever been tested. If as some scholars believe that part of the clause was meant to prevent the executive from pardoning someone who may have been involved in the offense he/she was impeached for. Basically prevent a president from covering his tracks. Just throwing it out there, I'm no lawyer and maybe reading into it wrong, but there was, and still is, a lot of discussion out there specifically pointing to the interpretation. A lot of folks wanted at least the impeachment to go through quickly to prevent Trump from giving his kids a blanket pardon.
I agree with it would be a really bad idea on his part to pardon thereby implicating himself. Perhaps that's kind of the interpretation above? Makes me dizzy lol.
https://www.washingtonpost.com/politics/2021/01/13/no-trump-cant-pardon-himself-impeachment-would-strip-him-that-power/
StarfishSaver
(18,486 posts)is taking place primarily among non-lawyers who don't understand constitutional law and construction. While surely there may be some lawyers who might argue that position, you'd be hard-pressed to find many Constitutional experts who would agree with you. The language of the Constitution is very clear and unambiguous in this regard.
And considering that Trump has already been impeached and continued to grant pardons, it doesn't make much sense to claim that this second impeachment somehow affects his pardon powers when the first one didn't.
BrightKnight
(3,567 posts)It would increase the pressure to convict him in the Senate and there would be blowback in his other cases. He might face the OJ effect. Prosecutors, public, media the Jury pool will not like it. I am guessing that it might be Obstruction. The arrests are popular with a very broad range of people.
katmondoo
(6,457 posts)Baltimike
(4,146 posts)Baltimike
(4,146 posts)and no, idc what the conservative press is trying to normalize.
bunny planet
(10,875 posts)But I think he cannot pardon those implicated in a conspiracy that he himself is a part of.... that would be pardoning in furtherance of a conspiracy. https://www.justsecurity.org/62174/pardon-furthers-conspiracy-limits-pardon-power/
PoliticAverse
(26,366 posts)And the answer was not to limit the president's pardon power but to impeach the president in that case.
George Mason suggested that the President
His argument was countered by James Madison who argued that the remedy for abuse of the pardon power was impeachment:
See: https://www.brookings.edu/blog/fixgov/2018/07/25/the-pardon-power-and-original-intent/
StarfishSaver
(18,486 posts)The pardon power is virtually unlimited and has only two restrictions: 1) they can only be granted for federal crimes: and 2) the pardon cannot be used to prevent or absolve an impeachment.
SleeplessinSoCal
(9,123 posts)His own participation, leading up to and by instigating the actual attacks on our Congress and Vice President ought to be the most capital offense imagined:
"Capital offense is an offense that is punishable by the death penalty. It is not necessary that the punishment imposed was the death penalty, but if the permissible punishment prescribed by the legislature for the offense is the death penalty, then the offense is considered a capital offense."
SleeplessinSoCal
(9,123 posts)Karma. Justice. Irony. Payback. Name it. He has earned it.
Evolve Dammit
(16,741 posts)Traildogbob
(8,748 posts)Everyday more comes to light. More arrested, more digital evidence, more exposures to inside help. Maybe some will talk for leniency. Put him on trial with so much, the GOP has no choice but to convict or forever be known as supporting treason and its leader. During that trial expose all the collusion ( theres that word again) from inside.
AND, as witnesses, have every single one under arrest that has the defense of they were following the presidents orders. Further proving Trumps lead role of insurrection. Convict and jail, no Pension, no Secret Service protection ever again, no office again, no health care on our dime.
Evolve Dammit
(16,741 posts)Sogo
(4,986 posts)so that the numbers are more in the favor of conviction to begin with. Also, knowing McConnell, if he is in charge of it and takes it up before they are sworn in, he might be able to pull some kind of maneuver that would shut things down with just a majority vote, which the Rs will have before Warnock and Ossoff arrive....
Response to Baltimike (Original post)
Chin music This message was self-deleted by its author.
SheltieLover
(57,073 posts)yellowcanine
(35,699 posts)And he is right about that.
BumRushDaShow
(129,091 posts)and Schumer is controlling the floor, then WE can set the Rules of engagement, including splitting the time with confirmations as Biden has requested. That's because if we send it now, Turtle would probably try to do like he did the last time - poison-pill the trial rules, run something like 12 hour days, 6 days a week, to get it out of the way, AND do it with NO witness testimony permitted.
If we make the rules, then witness testimony can actually occur so the American people can hear the full depth and breadth of the depravity of what happened.
From some trial balloons I heard floated, there was actually an expectation that a trial might only need to last a couple days, but we will see which way they go.
IsItJustMe
(7,012 posts)ingrained in everyone's mind how detestable this actually was. Make them Republican Senators
squirm in their seats trying to defend this sh!t. We will see.
rainy
(6,092 posts)for inciting. It's not about any old pardon but ones connected to the president's, impeached for, crime.
DENVERPOPS
(8,835 posts)She said that a presidential pardon doesn't need a formal document to grant a pardon, he can write it on napkin, OR he can just Pardon a person/group by "saying" they are pardoned in a room with witnesses.........AND, worse of all, it doesn't have to be revealed formally to anyone at the time of the pardon, Only until the person/group pardoned wants to release it......
If she was correct, I wonder what secrets and screwed up things await us.........
She was a major player in the Nixon and other presidential pardons, so she seemed to have legal knowledge of pardons....
StarfishSaver
(18,486 posts)CaptainTruth
(6,594 posts)I don't believe GOP Senate members would ever vote to convict/remove while Trump is still in office. They would incur too much political wrath from Trumpers. That would mean the Senate would also not get to vote on barring Trump from future office, & he could run again in 2024.
If the Senate trial takes place once Trump is out of office it should be easier to get votes to convict/remove, because he's already been removed (his term has expired). Then the Senate can vote to bar him from future office. I think that's what McConnell (& other GOP members) want, they don't want him to be able to run again, so they want the Senate to get to that second vote.
Enoki33
(1,587 posts)Implied he prefers doing what makes it easier to purge tRump from the Republican Party. By delaying the trial he is giving Schumer two additional votes, while minimizing the personal political blowback from a conviction. Schumer will be in charge. Suspect Nancy is fully aware of this
Chainfire
(17,549 posts)Thunderbeast
(3,417 posts)His only interest is to burn it down in the name of the deplorables.
He plans on milking them for more Millions while tempers are hot.
live love laugh
(13,118 posts)His already ruined legacy will be demolished.
Response to Baltimike (Original post)
Name removed Message auto-removed
rainy
(6,092 posts)Link to tweet
?s=21
whopis01
(3,514 posts)StarfishSaver
(18,486 posts)A court is not going to get into an "originalist" interpretation of the Constitution if the language is plain an unambiguous and, therefore, needs no interpretation.
I don't expect a non-lawyer to understand this, but that's why non-lawyers like Olbermann shouldn't be on television trying to do Constitutional analysis.
whopis01
(3,514 posts)As you said, the language is plain and unambiguous as it relates to this instance.
StarfishSaver
(18,486 posts)If the language is plain, the court won't go back and try to guess what the founders meant. They assume they meant exactly what they said. And they assume that if the founders intended to limit the power, they would have said so.
The only time the courts step outside of the document to look at other evidence of the founders' intent is when the language isn't clear.
But, as you said, this language is clear. If they didn't intend for a president's power to be virtually unlimited, they would have said so. And they certainly wouldn't have put two limits on it while not mentioning anything else if they meant for there to be other restrictions on it. And they left it open for future generations to put limits on that power if we want to, through the ratification process. But absent that, they pretty much told us "We said what we meant and we meant what we said."
scipan
(2,351 posts)Mr Trumps grants of clemency to close advisers Paul Manafort and Roger Stone belong to a distinct and far more dangerous category. These pardons appear to be the latest steps taken which may in effect have hindered inquiries into crimes that Mr Trumps close associates have been convicted of committing. Put plainly, these pardons could potentially amount to criminal obstruction of justice or bribery.
https://www.ft.com/content/e73fdd69-1fee-4886-b299-959ce9647151
StarfishSaver
(18,486 posts)He can, however, be prosecuted for obstruction of justice, bribery, abuse of office, etc.?
LAS14
(13,783 posts).. I don't understand this idea that you can pardon people for unnamed offenses, even if you do know their names. Surely that takes the pardon powers too far? Is anyone arguing this?
tia
las
StarfishSaver
(18,486 posts)Some have suggested that Trump could issue a blanket pardon to everyone who was at the Capitol that day for any crime they committed. But I don't believe any court would uphold such a pardon.
First, I think you have to be able to clearly identify who the people are and/or the crime they committed.
For example, I think it's permissible to pardon a large group of unnamed, but identifiable people for committing a very specific crime (e.g., pardoning all Vietnam draft evaders for violating a specific law requiring registration for the draft - all of those people could be readily and independently identified) and also possible to pardon one or a very few identified persons for any crime they may have committed during a specific period of time (e.g., pardoning Richard Nixon for any crimes he may have committed as president).
But I don't think it is constitutional to pardon an unknown number of unidentified people for any and all unnamed crimes they may have committed on a specific day. That goes beyond "granting" of a pardon and goes far beyond any purpose the Founding Fathers intended to achieve.