Question about Trump pardon by Pence.

[SleeplessinSoCal]

If he resigns an hour before noon 1/20, so Pence is POTUS in order to Pardon Trump, would that make Biden the 47th POTUS?

[Gidney N Cloyd]

1. Trump can invoke the 25th Amendment and turn things over temporarily to Pence.

Acting President Pence does the pardon then Trump informs Congress he's ready to step back in.

[rsdsharp]

4. You're right. I hadn't thought of that.

[SleeplessinSoCal]

8. Don't quite follow the logic.

Trump wouldn't be VP. VP invokes 25th amendment.

https://www.vox.com/policy-and-politics/2017/2/9/14488980/25th-amendment-trump-pence

[Gidney N Cloyd]

9. Fine. PENCE invokes it, does the pardon, then Trump informs Congress he's back.

[exboyfil]

10. President can invoke if he is going into surgery for example

In 2002, President George W. Bush became the first to use the amendment’s Section 3 to temporarily transfer power, to Vice President Dick Cheney while Bush was anesthetized for a colonoscopy. Bush temporarily transferred power in 2007 to undergo another colonoscopy.

[drray23]

2. yes of course.nt.

[rsdsharp]

3. Yes.

[Hoyt]

5. It darn sure would be interesting. I bet Biden, Obama, Clinton, etc., would be rolling on the

inauguration platform if that happened.

Honestly, as big an ass as trump is, Pence might just get caught in traffic or fall asleep or something and miss the noon dead-line.

[SleeplessinSoCal]

6. But he wouldn't have been sworn in, would he?

[Retrograde]

7. Tricky question

If Trump voluntarily turns over power but does not resign Pence would only be the acting president, per the 25th amendment. What his powers would be I don't know, but as acting prez he wouldn't get listed as #46 - at least Cheney wasn't officially recognized as president when he temporarily took over when Shrub had some medical procedure.

Now if Trump actually resigns and then tries to get Pence to name him as VP so Pence can resign - the 25th also specifies that both houses of Congress need to approve that, and I don't see Pelosi playing that game.

[GEOpix]

11. What if Pence won't pardon Trump

Just suppose that Pence calls in sick and is unable to pardon Trump?

[SleeplessinSoCal]

14. He would be devoured by MAGAts!

The Living Brain Dead will storm the oval.

[Upthevibe]

12. I've read several different ways this may be able to go but I don't

know how reliable they are. I think one of the options I've heard is that dt could just sign a document stating that he's resigning. Then Pence would automatically become President, making him the 46th. There wouldn't be a need for a V.P. if we're talking about this happening on the 19th or even on the morning of the 20th. Once Pence is the President, he pardons dt right away....

Once again, I have no idea if this is a viable option but I think I read somewhere that it is.

[Hamlette]

13. Pence would need to be sworn in, seems to me.

[SleeplessinSoCal]

15. I'm pretty sure Alito or Thomas would swear him in.

I don't think he should get a Portrait though.