Can POTUS Pardon Himself

Started by Hobby, Sep 24, 2024, 05:29 AM

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Hobby

The president has the power to pardon people for federal crimes. I don't think the constitution gives POTUS authority to pardon himself.  I think it would be up to a future POTUS.  If a POTUS could pardon himself it might make impeachment impossible.  I am pretty certain if Trump wins the election then convicted of federal crimes he will most certainly try to pardon himself claiming the conviction was political and bogus.
Hobby

Zep

It's never been tested.  With a Trump loaded supreme court, he'd probably get away with it.  The ONLY way to stop a would be dictator is via impeachment. But since Trump has so many allies who are hoping for project 2025 to take affect.  They will vote against impeachment.

So.. even in those republican leaning districts in each state, don't think your vote doesn't count.  One less republican senator or representative could ultimately determine the survival of democracy in America. 
We all got two lives, the second one begins when you realize you only have one.

HighStepper

On June 4, 2018, President Trump tweeted "I have the absolute right to PARDON myself," setting off a firestorm of legal debate on the constitutionality of presidential self-pardons, and President Trump's use of pardons more broadly.
•   President Trump has made the claim that he has the power of self-pardon.
•   The text and spirit of the Constitution strongly suggest the contrary.
•   Ever since the Constitution was written, it's been recognized that the president's power of pardon is broad, but not so broad as to allow him to pardon himself.
•   This idea stems from a legal principal established over three centuries ago in Anglo-American law. That rule is that no person may be a judge in his or her own case.
•   The last time this issue was floated was right before the resignation of President Richard Nixon. The Department of Justice wrote that a president may not pardon himself.
•   This DOJ opinion is not binding in the courts. But the reasoning of the opinion—centering on this principal that no person may be a judge in his or her own case—is compelling.
•   If such a self-pardon were issued, it could be challenged in court as an abuse of the Constitution, a violation of the pardon power, and not valid. The courts would likely follow the reasoning of the Office of Legal Counsel that a president may not issue a self-pardon.
https://www.brookings.edu/articles/unpacked-can-a-president-pardon-himself/

However, as Zep pointed out who knows with the current Supreme Court.
Too much sex is still not enough.

bats

Quote from: HighStepper on Sep 24, 2024, 06:46 PMHowever, as Zep pointed out who knows with the current Supreme Court.
Yes, all bets are off with this group after the immunity ruling.

One thing we know for sure, though, is that Trump could not be criminally prosecuted for pardoning himself because the pardon power is one of his "core constitutional powers." I don't think that necessarily means the Supreme Court couldn't invalidate a self-pardon if it wanted to.

dogwalker

The notion he could is dumb as _______.  Conflict of interest?  Judge of oneself?

Hobby

All interesting points.  I'm guessing if Trump is rehired he will pardon himself and the case will be ruled on by the biased Supreme Court.
Hobby

dogwalker

Yeh trump has the right (in America) to go through legal processes and have judgements according to the law.

BUT....take a step back people.....can he kill someone in Time's Square and get away with it (as he once claimed) because he can pardon himself?  To me that is way beyond the powers of what an American President has traditionally had. 

Crimes less than murder?  I strongly think he should have no special consideration more than anyone else.  He's a dude.  I'm a dude.  The law (in the US)  should treat us as equals.

Blkfyre

Quote from: dogwalker on Sep 25, 2024, 12:13 AMYeh trump has the right (in America) to go through legal processes and have judgements according to the law.

BUT....take a step back people.....can he kill someone in Time's Square and get away with it (as he once claimed) because he can pardon himself?  To me that is way beyond the powers of what an American President has traditionally had. 

Crimes less than murder?  I strongly think he should have no special consideration more than anyone else.  He's a dude.  I'm a dude.  The law (in the US)  should treat us as equals.

If he can prove that *he* believes the person is a threat to the United States, then yes, as part of his "duties" it would be covered as Presidents before have ordered the death of "Enemies of the State", thus, part of his job.

Not that any reasonable person would go there, but nobody has said Trump is reasonable...

bats

Quote from: Blkfyre on Sep 25, 2024, 12:15 AMIf he can prove that *he* believes the person is a threat to the United States, then yes, as part of his "duties" it would be covered as Presidents before have ordered the death of "Enemies of the State", thus, part of his job.

Not that any reasonable person would go there, but nobody has said Trump is reasonable...
He wouldn't have to prove shit. The Supremes ruled that a court, in differentiating between official and unofficial acts, may not question a president's motivations.

Danno

Biden should just say Trump is a danger and lock him up.
Just tap me on the head if I overstay my welcome