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Related: About this forumOLBERMANN VS. TRUMP #54: TRUMP LOST HIS ABILITY TO PARDON ANY COUP CONSPIRATORS - INCLUDING HIMSELF
Arne
(2,115 posts)sabbat hunter
(6,838 posts)office he can pardon anyone. However, pardoning himself would be an admission of guilt, and can be used in an impeachment trial against him, since a pardon cannot be used to avoid an impeachment/trial.
TheBlackAdder
(28,226 posts).
Perhaps we've been misled as to how it's interpreted.
I wonder who sourced the original both houses interpretation?
.
sabbat hunter
(6,838 posts)Bill Clinton pardoned 34 people between his impeachment on Dec 19, 1998 and his acquittal on Feb 12, 1999.
TheBlackAdder
(28,226 posts)cstanleytech
(26,332 posts)soldierant
(6,937 posts)It's never been tested, so there's no real precedent. If he tries to pardon someone between no'w and the inauguration, and the pardon is challenged, and the challenge succeeds, you can be a whole lot of other pardons he issued since January 2-020 are also going to be challenged.
sabbat hunter
(6,838 posts)soldierant
(6,937 posts)But when challenges come up they have been known to change things.
pnwmom
(109,000 posts)could be invalid if he's convicted -- but be valid if he's not.
Buckeye_Democrat
(14,858 posts)I'm very law-deficient, but I was skeptical because I'd never heard it mentioned elsewhere.
So it's a "maybe."
sabbat hunter
(6,838 posts)Clinton pardoned people after his impeachment, but before his acquittal in 98/99
Yo_Mama_Been_Loggin
(108,288 posts)What Keith is saying Trump cannot pardon anyone associated with the riot and inserrection. He is not saying Trump cannnot pardon anyone else,
SheltieLover
(57,073 posts)niyad
(113,600 posts)KOEB
badboy67
(460 posts)6-3.
sabbat hunter
(6,838 posts)has no love for Trump. it would be 5-4.
PoliticAverse
(26,366 posts)which would be 9-0 against allowing it.
rsdsharp
(9,210 posts)an impeachment or its conviction. It doesnt mean he loses the power to pardon (unless convicted). He was impeached in December 2019. Hes pardoned people since then. They are as valid as they are sickening.
bucolic_frolic
(43,356 posts)TheBlackAdder
(28,226 posts)rsdsharp
(9,210 posts)until noon on the 20th, or if he is convicted before then. He cant undo an impeachment, but he still has the pardon power.
notinkansas
(1,096 posts)He was not convicted, but he will be forever impeached.
FreepFryer
(7,077 posts)bucolic_frolic
(43,356 posts)That's how you make case law. You challenge it, and argue, and let the courts rule. That's how you make IRS Tax Law. That's how you develop precedent. That's how courts interpret the law to specific cases.
That's why, as Glen Kirschner argued today, you arrest Trump and point out to the judge there is no law preventing it. DOJ memorandum is not a law. It was never tested. It can be tested.
If Trump is under pending impeachment trial, you go to court to invalidate pardons he issues while subject to impeachment trial.
bucolic_frolic
(43,356 posts)tclambert
(11,087 posts)With the implied immunity of a pardon, they MUST testify or face contempt of court charges.
That doesn't really matter, though. We already know what Trump said. We have video. And many of the rioters have proudly, PROUDLY posted what they did and why on social media, and in statements to the news media.
Liberal In Red State
(442 posts)Section. 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
Rhiannon12866
(206,247 posts)Buckeye_Democrat
(14,858 posts)Is it true? I'm certainly not a lawyer. (I'll just Google it!)
I half-expect to get arrested someday for skipping outside while chewing gum, or some other law hidden in a thick tome, since I'm even ignorant of various details in our Constitution. I'm exaggerating, but that type of work never appealed to me despite how it's obviously CRUCIAL.