General Discussion
In reply to the discussion: Can Trump be prosecuted by the incoming DOJ for abuse of pardon power? [View all]slumcamper
(1,787 posts)The point is that we are in uncharted legal terrain. Asking for citation or reference to precedent that does not exist is (fill in the blank).
Beyond that point, the larger point is that precedent is in the process of being made. Therefore, it is incumbent that the unexamined Constitutional question of whether a [criminal] chief executive can exercise the pardon power to absolve (and protect from legal consequence) herself (or himself in this case) of wrongdoings that would otherwise be proven and subject to penalty be subject to judicial scrutiny.
The original question stands on its merit--essentially, can the Justice Department challenge the assertion of the presidential pardon power when that power is perceived to be exercised in abuse of broader Constitutional considerations.