General Discussion

Buckeyeblue

(6,374 posts)

37. The argument would be that he potentially broke the law for the good of the country

Fri Nov 13, 2020, 12:03 PM

Nov 2020

I think it would be difficult to prosecute a president for anything he/she did while in office.

The question is what would a self pardon look like for crimes committed prior to being president? The constitution indicates that the president has the full discretion to pardon. No one else does. So because of that, the president must be able to self pardon if he/she has the discretion to pardon. I know that argument is kind of circular but I don't see how any other argument could be made.

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Sincere question: Can Trump really pardon himself ? [View all] steve2470 Nov 2020 OP

That's how Nixon played it (resign, incoming prez pardons him) sboatcar Nov 2020 #1

The incoming president isn't going to pardon him. JenniferJuniper Nov 2020 #3

I wouldn't put it past Trump to try to pardon himself sboatcar Nov 2020 #5

I think the deal would go: Trump pardons Pence and quits, then Pence pardons Trump and takes over. lagomorph777 Nov 2020 #25

I believe the correct term for that is sboatcar Nov 2020 #40

I KNEW you were gonna say that, from your subject line! lagomorph777 Nov 2020 #43

Why not? Jersey Devil Nov 2020 #2

hm I don't know steve2470 Nov 2020 #6

I wasn't very clear Jersey Devil Nov 2020 #10

So much for "originalism" and "strict interpretation.". n/t Harker Nov 2020 #23

He's an international criminal...will a pardon protect him from those charges? SayItLoud Nov 2020 #4

Any would do, but I'll be rooting for Scotland Harker Nov 2020 #29

New Vanity Fair article on this: highplainsdem Nov 2020 #7

thanks for the article and your info ! nt steve2470 Nov 2020 #9

It is an unanswered question, because it has never happened in the past. MineralMan Nov 2020 #8

Pence is involved in the crimes up to his empty eye sockets. He'll demand a pardon-for-pardon deal. lagomorph777 Nov 2020 #28

Yes. Well, the entire administration is corrupt and involved MineralMan Nov 2020 #34

+1000 there! lagomorph777 Nov 2020 #35

Pardon rso Nov 2020 #11

From my attorney wife (who was #1 in her con law class): Cuthbert Allgood Nov 2020 #12

Pardon rso Nov 2020 #17

And right now, the USSC would likely allow it. liberalmuse Nov 2020 #19

I believe the power to pardon is completely in the hands of the President. davsand Nov 2020 #13

I've heard BOTH WAYS! (NO one can answer this but RUMP and the SC. i guess) bluestarone Nov 2020 #14

I say he will be double-pardoned SomedayKindaLove Nov 2020 #15

See reply 7 above. Plan would be for Trump to fake illness, Pence to become POTUS temporarily highplainsdem Nov 2020 #22

The constitution doesn't say he can't. Buckeyeblue Nov 2020 #16

But the constitution does say Prez must insure laws are faithfully executed. Fiendish Thingy Nov 2020 #20

Why? What law would he be breaking by pardoning himself? Cuthbert Allgood Nov 2020 #26

Moral law? pwb Nov 2020 #36

The argument would be that he potentially broke the law for the good of the country Buckeyeblue Nov 2020 #37

It's never been tested in court, although there is a 1974 DOJ memo that says he can't. Nt Fiendish Thingy Nov 2020 #38

Due to the legal uncertainty of self pardon I believe he will resign so Pence ooky Nov 2020 #18

Neil Katyal President Obama's solicitor general in an interview with Katie Couric says no Thekaspervote Nov 2020 #21

Who effing knows anymore? Bettie Nov 2020 #24

How true. IsItJustMe Nov 2020 #39

Maybe. Happy Hoosier Nov 2020 #27

This will be a Supreme Court case. Trump will try to pardon beachbumbob Nov 2020 #30

Department of Justice issued a memorandum opinion on August 5, 1974, stating that a president cannot soothsayer Nov 2020 #31

Opinion, though. Jirel Nov 2020 #33

No, but it's untested. Jirel Nov 2020 #32

at most, he could pardon himself for federal crimes fishwax Nov 2020 #41

Doesn't seem anyone has tried it jcgoldie Nov 2020 #42