Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

crickets

(26,168 posts)
49. Excellent Atlantic article; thanks for that.
Mon Jul 13, 2020, 03:28 PM
Jul 2020

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 judge’s impeachment.)

But there is a strong argument, rooted in the Constitution’s 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 Trump’s 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 can’t use the pardon and reprieve power to commute the sentences of those charged with crimes related to Russian interference in the 2016 campaign—including 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 Constitution’s 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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

What are the chances that there isn't one? fleur-de-lisa Jul 2020 #1
The judge is smart. Baitball Blogger Jul 2020 #3
No paperwork has been filed thusfar. SoonerPride Jul 2020 #4
With no order in place shouldn't he be imprisoned Tomorrow? nt. BlueIdaho Jul 2020 #47
Hmmmmm Me. Jul 2020 #2
I agree, especially knowing Stone can't behave himself. dmr Jul 2020 #38
Double Yep Me. Jul 2020 #41
Gooooood! greenjar_01 Jul 2020 #5
She requests the order because There Is None. Budi Jul 2020 #6
Plenty of time for Barr to concoct one if it doesn't exist gratuitous Jul 2020 #7
I remember reading Stone asked, specifically, for a commutation. Nevilledog Jul 2020 #13
I think that's what he said in the Howard Fineman interview leftieNanner Jul 2020 #18
I think you're right. Nevilledog Jul 2020 #19
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
I like this. Nevilledog Jul 2020 #42
He would be due tomorrow. lastlib Jul 2020 #43
So that means he goes to jail tomorrow until the proper paperwork is filed Buckeyeblue Jul 2020 #8
Ya think today Barr's doing a quickie order with an 'adjusted' date? Budi Jul 2020 #17
The reasoning given in the press release included COVID related safety concerns greenjar_01 Jul 2020 #29
"COVID related safety concerns". Their go-to excuse. Budi Jul 2020 #44
yes, it's total bullshit, to be sure greenjar_01 Jul 2020 #46
K&R UTUSN Jul 2020 #9
They should get Stone and lock him up unless they provide it at once. duforsure Jul 2020 #10
That would make my day! fleur-de-lisa Jul 2020 #11
K & R malaise Jul 2020 #12
There isn't one ScratchCat Jul 2020 #14
RUN Barr Barr, RUN not_the_one Jul 2020 #15
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
Brilliant! Mme. Defarge Jul 2020 #31
I wonder what ManaFart is thinking these days. SayItLoud Jul 2020 #22
What is the reason Trump choose commutation rather than Pardon in the first place?? cbdo2007 Jul 2020 #23
With a commutation Stone can still assert the fifth amendment. Nevilledog Jul 2020 #26
Possibly Nasruddin Jul 2020 #36
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
Thank you for that information! cayugafalls Jul 2020 #32
That's true, of course greenjar_01 Jul 2020 #34
WELL, CONSIDERING... louzke9 Jul 2020 #33
Stone's commutation is not going down well bucolic_frolic Jul 2020 #35
Excellent Atlantic article; thanks for that. crickets Jul 2020 #49
Our Good Judges mozan Jul 2020 #39
Judge Amy Berman Jackson is a bulldog & she's not letting go. A hero for this dark age. nt Hekate Jul 2020 #40
Pardon Admission of Guilt Desert_Leslie Jul 2020 #45
Good for her Proud Liberal Dem Jul 2020 #48
He can't even commit crimes right chriscan64 Jul 2020 #50
Latest Discussions»General Discussion»Judge in Roger Stone's ca...»Reply #49