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In reply to the discussion: Adam Schiff nails it: Nobody is above the law. Not this President. Not any president. [View all]Gothmog
(174,270 posts)33. No, Trump can't pardon himself. The Constitution tells us so.
From Prof. Tribe and others https://www.washingtonpost.com/opinions/no-trump-cant-pardon-himself-the-constitution-tells-us-so/2017/07/21/f3445d74-6e49-11e7-b9e2-2056e768a7e5_story.html?utm_term=.a066d8b411f4
Can a president pardon himself? Four days before Richard Nixon resigned, his own Justice Departments Office of Legal Counsel opined no, citing the fundamental rule that no one may be a judge in his own case. We agree.
The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.
The Constitution specifically bars the president from using the pardon power to prevent his own impeachment and removal. It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself.
The pardon provision of the Constitution is there to enable the president to act essentially in the role of a judge of another persons criminal case, and to intervene on behalf of the defendant when the president determines that would be equitable. For example, the president might believe the courts made the wrong decision about someones guilt or about sentencing; President Barack Obama felt this way about excessive sentences for low-level drug offenses. Or the president might be impressed by the defendants subsequent conduct and, using powers far exceeding those of a parole board, might issue a pardon or commutation of sentence.....
President Trump thinks he can do a lot of things just because he is president. He says that the president can act as if he has no conflicts of interest. He says that he can fire the FBI director for any reason he wants (and he admitted to the most outrageous of reasons in interviews and in discussion with the Russian ambassador). In one sense, Trump is right he can do all of these things, although there will be legal repercussions if he does. Using official powers for corrupt purposes such as impeding or obstructing an investigation can constitute a crime.
But there is one thing we know that Trump cannot do without being a first in all of human history. He cannot pardon himself.
The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.
The Constitution specifically bars the president from using the pardon power to prevent his own impeachment and removal. It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself.
The pardon provision of the Constitution is there to enable the president to act essentially in the role of a judge of another persons criminal case, and to intervene on behalf of the defendant when the president determines that would be equitable. For example, the president might believe the courts made the wrong decision about someones guilt or about sentencing; President Barack Obama felt this way about excessive sentences for low-level drug offenses. Or the president might be impressed by the defendants subsequent conduct and, using powers far exceeding those of a parole board, might issue a pardon or commutation of sentence.....
President Trump thinks he can do a lot of things just because he is president. He says that the president can act as if he has no conflicts of interest. He says that he can fire the FBI director for any reason he wants (and he admitted to the most outrageous of reasons in interviews and in discussion with the Russian ambassador). In one sense, Trump is right he can do all of these things, although there will be legal repercussions if he does. Using official powers for corrupt purposes such as impeding or obstructing an investigation can constitute a crime.
But there is one thing we know that Trump cannot do without being a first in all of human history. He cannot pardon himself.
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Adam Schiff nails it: Nobody is above the law. Not this President. Not any president. [View all]
FSogol
Jun 2018
OP
Enforcement would require either Congress or a prosecutor. Congress is not going to.
3Hotdogs
Jun 2018
#3
Just because Cheeto has the vocabulary of a 5-year old, we should not expect
OldHippieChick
Jun 2018
#6
I agree. Dems gotta dumb down the language so dopes on the other side can understand
Pepsidog
Jun 2018
#18
I agree. If I recall, when I read the constitution, and its amendments, as well as ...
SWBTATTReg
Jun 2018
#7