General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan a President, who is a convicted felon, give a legal pardon to anyone?
I do not know what the letter of the law states but it seems that he would be disqualified from giving anyone a "pardon". His criminal record should prevent that from happening?
But, I suppose it would need to go to the Supreme Court if anyone challenged the premise?
In the first place, he has never gone thru the proper channels for giving pardons to anyone. In my opinion, all of his pardons should be null and void.
Could a future president sign an executive order declaring all his "pardons" illegal and meaningless?
Donald Trump himself has stated that Biden's pardons were not legal because they were signed by an "auto pen".
Blues Heron
(8,266 posts)Trump will be resigning soon though thats why hes pardoning like theres no tomorrow. Hes quite sick
MineralMan
(150,543 posts)Raven123
(7,473 posts)Article II, Section 2, Clause 1:
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.
Paladin
(32,222 posts)EdmondDantes_
(1,315 posts)The relevant part of the Constitution mentions only that it's for federal offenses and can't be used in matters of impeachment. There's nothing about an executive order overruling any pardons, and frankly we need to get away from ruling by executive order since we aren't a monarchy and the ever more powerful executive is problematic. There's no process requirements.
[The President] shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
As for Trump claiming an autopen disqualifies anything, he lies a lot. Relying on his rantings isn't a good idea.
Jedi Guy
(3,400 posts)The only real limit is that the President can only issue pardons for federal crimes. There's nothing saying he can't pardon himself, either, though that would likely be challenged.
His status as a convicted felon is irrelevant. It didn't bar him from running for the office or holding it so it doesn't stop him from exercising any of the powers of the Presidency. In theory, he could have run for office from a prison cell. The only thing that could have barred him from running is if he'd been convicted after being impeached.
The unfortunate reality is that the Framers never imagined someone like Trump running for President, let alone actually holding the office. I think they worked on the assumption that anyone holding the office would be an honorable person rather than an amoral glob of Cheetoh dust roughly shaped to look like a person.
GJGCA
(206 posts)(The President has lost the November, 2028 election.)
He issues a full pardon for all acts commited up to the moment by the Vice President.
The President signs a letter of resignation, with immediate effect.
The just pardoned Vice President is sworn in and is now President.
The President issues a full pardon (as above) for the former President.
Scene closes at 11:55pm, January 19...
Disclaimer: IANAL so maybe there's a flaw in the above. Also, if the last-minute-ness of it ruins it, just dial the clock back a week or a month.
31st Street Bridge
(61 posts)a convicted felon would be barred from running for office entirely.
kimbutgar
(26,714 posts)For his crimes against humanity?