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In reply to the discussion: Judge in Roger Stone's case would like to see Trump's commutation order [View all]crickets
(26,168 posts)49. Excellent Atlantic article; thanks for that.
Quoting a relevant chunk:
The power to grant pardons and reprieves includes the power to commute, or reduce, sentences after convictions. But this power is constrained by a limit: except in cases of impeachment. Traditionally, this exception has been read to mean only that a president cannot use the pardon and reprieve power to prevent or undo an impeachment by the House or an impeachment conviction by the Senate. By this interpretation, only impeachment charges themselves are precluded from presidential pardons. (According to the Constitution, the vice president and all civil Officers of the United States are subject to impeachment, which means, for example, that a president cannot pardon a federal judges impeachment.)
But there is a strong argument, rooted in the Constitutions text, history, values, and structure, that in addition to banning the prevention or undoing of an impeachment, this phrase also bans a president from using the pardon and reprieve power to commute the sentences of people directly associated with any impeachment charges against him. This argument is not a partisan one. Whatever rule is applied today would necessarily apply to future presidents, Democrats as well as Republicans.
The impeachment charges against President Trump focused mainly on his alleged withholding of foreign aid from Ukraine to pressure the Ukrainian president into digging up dirt on Hunter Biden that could support Trumps reelection campaign, and on his refusal to cooperate with the congressional investigation of this matter. But the articles of impeachment also explicitly invoke his previous invitations of foreign interference in United States elections and previous efforts to undermine United States Government investigations into foreign interference in United States elections. According to our interpretation of the pardon clause, that would mean he cant use the pardon and reprieve power to commute the sentences of those charged with crimes related to Russian interference in the 2016 campaignincluding Stone, who was convicted of lying to Congress and obstructing its investigation into Russian election interference. This obstruction impeded the ability of Congress to gather information that could have been vital to the impeachment inquiry, benefiting Trump.
Our interpretation stems, in part, from the fact that the Constitutions Framers were deeply concerned about presidents abusing power to protect co-conspirators. As just one example, regarding treason, the Virginia delegate Edmund Randolph voiced a concern at the Constitutional Convention that the prerogative of pardon in these cases was too great a trust. The President may himself be guilty. The Traytors may be his own instruments.
But there is a strong argument, rooted in the Constitutions text, history, values, and structure, that in addition to banning the prevention or undoing of an impeachment, this phrase also bans a president from using the pardon and reprieve power to commute the sentences of people directly associated with any impeachment charges against him. This argument is not a partisan one. Whatever rule is applied today would necessarily apply to future presidents, Democrats as well as Republicans.
The impeachment charges against President Trump focused mainly on his alleged withholding of foreign aid from Ukraine to pressure the Ukrainian president into digging up dirt on Hunter Biden that could support Trumps reelection campaign, and on his refusal to cooperate with the congressional investigation of this matter. But the articles of impeachment also explicitly invoke his previous invitations of foreign interference in United States elections and previous efforts to undermine United States Government investigations into foreign interference in United States elections. According to our interpretation of the pardon clause, that would mean he cant use the pardon and reprieve power to commute the sentences of those charged with crimes related to Russian interference in the 2016 campaignincluding Stone, who was convicted of lying to Congress and obstructing its investigation into Russian election interference. This obstruction impeded the ability of Congress to gather information that could have been vital to the impeachment inquiry, benefiting Trump.
Our interpretation stems, in part, from the fact that the Constitutions Framers were deeply concerned about presidents abusing power to protect co-conspirators. As just one example, regarding treason, the Virginia delegate Edmund Randolph voiced a concern at the Constitutional Convention that the prerogative of pardon in these cases was too great a trust. The President may himself be guilty. The Traytors may be his own instruments.
Interesting. Emphasis mine.
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Judge in Roger Stone's case would like to see Trump's commutation order [View all]
fleur-de-lisa
Jul 2020
OP
I think she can on the day he is due to report, put out an arrest warrant in absence of paperwork
Bernardo de La Paz
Jul 2020
#24
The reasoning given in the press release included COVID related safety concerns
greenjar_01
Jul 2020
#29
Confusing. Does this mean if there is no commutation order that based on Judge Berman's question
Ninga
Jul 2020
#16
He can pardon or commute at will, but you have to actually file paperwork. You don't wave a wand
greenjar_01
Jul 2020
#20
Donald Dumbass will send her a photocopy of a Monopoly 'Get Out of Jail Free' card.
WyattKansas
Jul 2020
#21
What is the reason Trump choose commutation rather than Pardon in the first place??
cbdo2007
Jul 2020
#23
He could only invoke the fifth about testimony outside the boundry of the pardon.
Nevilledog
Jul 2020
#37
Because Putin or Stone ordered him to, what their reasons are I have no idea.
Alex4Martinez
Jul 2020
#27
Yes, dotard commuted his prison sentence, not his supervised release "sentence"....
George II
Jul 2020
#25
So can they now just draft an executive order that covers all the bases, sign and hand it over?
cayugafalls
Jul 2020
#28
How they justify clemency for the supervised release (probation) and $20,000 fine is a mystery
greenjar_01
Jul 2020
#30