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Voltaire2

(13,006 posts)
9. It is a weak argument.
Sun Jul 23, 2017, 10:59 AM
Jul 2017

"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."

What the constitution actually states is simply "he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

The fact that the constitution carves out impeachment from the pardon power argues against the theory that the president cannot pardon himself. In fact the explicit carve out only makes sense if "self pardon" was implied by the pardon power.

Absent impeachment, this ends up in the Supreme Court. Don't count on the "no self pardon" argument prevailing.

Jeez, what a blast from the past. "Dr. Bonham's Case" -- The Velveteen Ocelot Jul 2017 #1
sorry, I forgot to include the link. Nitram Jul 2017 #3
Is it possible to post the specific portion of the Constitution referenced by the original post? Not Ruth Jul 2017 #2
It doesn't supercede the constitution. It is one precedent in English Law upon which Nitram Jul 2017 #4
This, too. Nitram Jul 2017 #5
So Trump could pardon himself, but if he were impeached, that would negate the pardon? Not Ruth Jul 2017 #11
I would argue that he attempted to pardon himself LiberalFighter Jul 2017 #27
Esp. in this case. Igel Jul 2017 #7
It's hard to believe we are even discussing this... spiderpig Jul 2017 #6
Why? Igel Jul 2017 #8
It is a weak argument. Voltaire2 Jul 2017 #9
Voltaire, do you mind if I ask in you have a background in law? Nitram Jul 2017 #10
Nope. Just another ignorant opinion. Voltaire2 Jul 2017 #12
Join the club! Nitram Jul 2017 #13
Tribe, Painter and Eisen are some pretty heavy intellectual hitters The Velveteen Ocelot Jul 2017 #16
It seems weak to me for the reason stated. Voltaire2 Jul 2017 #17
If you read the article carefully it makes a lot of sense. The Velveteen Ocelot Jul 2017 #19
Agreed. Does this mean they have also found a prohibition against pardoning Cabinet officers or tritsofme Jul 2017 #18
I agree with Prof Tribe Gothmog Jul 2017 #14
The Supreme Court would find that the President can't pardon themself. The vote... PoliticAverse Jul 2017 #15
Doubtful, you can almost bank Thomas, Alito, and Gorsuch tritsofme Jul 2017 #20
Even conservative judges are reluctant to give up power and authority. Nitram Jul 2017 #21
So if Nixon didn't resign and was removed, Ford couldn't have pardoned him? BzaDem Jul 2017 #22
Of course Ford could have pardoned Nixon if he'd been impeached and removed. The Velveteen Ocelot Jul 2017 #23
I agree that Nixon could pardon Ford. I was using the question to dispute the logic in the OP. BzaDem Jul 2017 #29
The president can't pardon against impeachment NobodyHere Jul 2017 #24
I think he can pardon himself because well... Biden rule. tandem5 Jul 2017 #25
lol... SummerSnow Jul 2017 #26
Pardons don't protect from impeachment. Renew Deal Jul 2017 #28
Latest Discussions»General Discussion»No, Trump cant pardon him...»Reply #9