HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Question....Can Trump Par...

Tue Jul 31, 2018, 04:07 PM

Question....Can Trump Pardon Himself ? ...thanks for answers..appreciate your insite..!! nt

14 replies, 835 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 14 replies Author Time Post
Reply Question....Can Trump Pardon Himself ? ...thanks for answers..appreciate your insite..!! nt (Original post)
Stuart G Jul 2018 OP
beachbum bob Jul 2018 #1
dameatball Jul 2018 #2
Roland99 Jul 2018 #3
Eyeball_Kid Jul 2018 #7
brooklynite Jul 2018 #9
hlthe2b Jul 2018 #4
manor321 Jul 2018 #5
dlk Jul 2018 #6
LanternWaste Jul 2018 #8
Fullduplexxx Jul 2018 #11
Fullduplexxx Jul 2018 #10
struggle4progress Jul 2018 #12
struggle4progress Jul 2018 #13
Buckeyeblue Jul 2018 #14

Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:09 PM

1. no

 

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:09 PM

2. Well, he does use third person a lot in his tweets. Maybe he thinks he is two people!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:09 PM

3. For any crime except impeachment

But not for any State crime. Only Federal

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Roland99 (Reply #3)

Tue Jul 31, 2018, 04:37 PM

7. Not correct. Two ways in which he cannot.

1. A straightforward criminal charge. This would make Trumpy or any President immune from any accountability. By extension, he can murder anyone and immediately pardon himself.

2. If Trumpy is a co-conspirator in a RICO charge, he can neither pardon himself nor any co-conspirator.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Eyeball_Kid (Reply #7)

Tue Jul 31, 2018, 04:55 PM

9. Says who?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:10 PM

4. Straight from Laurence Tribe (who I believe to be the best mind on this)-- NO

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:10 PM

5. I suppose not explicitly forbidden

 

The Constitution doesn't explicitly forbid the president pardoning himself. However, IMHO, it strongly implies the president cannot pardon himself because it makes an explicit exception to pardons in cases of impeachment (meaning the president can't save himself).

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:20 PM

6. Trump Would Need to be His Own Judge to Pardon Himself

That would be a bridge too far.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:50 PM

8. Nixon's Justice Department's said no...

Nixon's Justice Department’s said no, citing “the fundamental rule that no one may be a judge in his own case.” The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.

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.

The pardon provision of the Constitution is there to enable the president to act essentially in the role of a judge of another person’s criminal case, and to intervene on behalf of the defendant when the president determines that would be equitable.

The Constitution embodies this broad precept against self-dealing in its rule that congressional pay increases cannot take effect during the Congress that enacted them, in its prohibition against using official power to gain favors from foreign states and even in its provision that the chief justice, not the vice president, is to preside when the Senate conducts an impeachment trial of the president.

(Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice by Elizabeth Bazan)


Reply to this post

Back to top Alert abuse Link here Permalink


Response to LanternWaste (Reply #8)

Tue Jul 31, 2018, 06:12 PM

11. Nixon had his v.p. pardon him ... we're about to be condemned to reliving history

Which i was told i wouldnt have to if i studied history but here we are......

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 06:10 PM

10. He doesnt have to he can step aside and pence will pardon him

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 08:31 PM

12. Presidential or Legislative Pardon of the President

Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself.

If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President. Thereafter the President could either resign or resume the duties of his office.

Although as a general matter Congress cannot enact amnesty or pardoning legislation, because to do so would interfere with the pardoning power vested expressly in the President by the Constitution, it could be argued that a congressional pardon granted to the President would not interfere with the President’s pardoning power because that power does not extend to the President himself.

August 5, 1974

MEMORANDUM OPINION FOR THE DEPUTY ATTORNEY GENERAL

I am forwarding to you an outline on the question whether the President can receive an executive or legislative pardon, and several substitute measures. Please advise me whether you require a more definitive memorandum, and, if so, which portions should be expanded upon and which may be dealt with summarily ...

MARY C. LAWTON
Acting Assistant Attorney General
Office of Legal Counsel


https://www.justice.gov/sites/default/files/olc/opinions/1974/08/31/op-olc-supp-v001-p0370_0.pdf

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 09:10 PM

13. presidential self-pardon would make Constitution meaningless

BY ANDREW B. ARNOLD
06/13/18 04:30 PM EDT

Recently, President Trump claimed that he had the “absolute right” to pardon himself. His lawyer Rudy Giuliani made this claim even more ludicrous. He said Trump could commit murder, pardon himself, and go on as if nothing ever happened ...

... CNBC brought in a dozen experts to debate the issue. John Yoo and other defenders of broad executive power coyly balanced their opinions. He could pardon himself, they said, but he shouldn't ...

... the claim to self-pardon is a claim that any president can violate the Constitutional law of the land and get away with it.

Yet, the Constitution says the opposite. One of the president’s major duties is to “take Care that the Laws be faithfully executed” ...
http://thehill.com/opinion/energy-environment/392118-a-presidential-self-pardon-would-make-the-constitution-meaningless

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Stuart G (Original post)

Tue Jul 31, 2018, 10:34 PM

14. It would be s supreme court case

So anything is possible...

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread