Can a President pardon himself for criminal negligence in the deaths of 200,000 Americans?

[OAITW r.2.0]

Asking for at least 80MM Americans......

[DonaldsRump]

1. Using Richard Nixon as reference

Just prior to his resignation, Nixon's chief of staff and counsel asked the Justice Department whether a President could pardon himself. DoJ replied yes.

That was 1974, and it was just an advisory opinion. But there does appear to be some support that a President can pardon himself. However, a lot of people have pointed out that this would allow the President to be his own judge, something which is an anathema in American law.

Remember that the President's pardoning power extends ONLY to federal crimes. Homicide itself, except in very limited circumstances, is generally a state crime AFAIK.

[OAITW r.2.0]

4. Maybe one of the 1st acts of thw Admin will be limitations on future Presidential pardons.

Doubt Joe and Kamala would have a problem.

[elleng]

5. 'Whether Presidents may pardon themselves remains a subject of debate

among legal scholars, although the Constitution clearly states that they may not pardon "in cases of impeachment." Still, it also doesn't say that presidents can't pardon themselves of federal crimes, although this particular gambit hasn't yet been attempted.

However, applying for and receiving a pardon is itself seen as an admission of guilt. So any attempt by a president to issue and grant a self-pardon would undoubtedly touch off a constitutional crisis and likely lead, at a minimum, to impeachment inquiries. Considering the original intent of the Framers, who were weary of tyranny, there would be serious constitutional concerns over the fact that a self-pardon could absolve presidents of criminal liability for either their official or unofficial acts, or even for crimes they may have committed before assuming the presidency.

Presidential Pardon Rules and Procedures

The rules and procedures for seeking and receiving a pardon are contained in the Code of Federal Regulations (Title 28, Chapter 1, Part 1). Anyone who wishes to apply for clemency at the federal level must follow the rules and file a petition with the Department of Justice (specifically, the Office of the Pardon Attorney).'>>>

https://www.findlaw.com/litigation/legal-system/presidential-pardon-power-and-its-limits.html

[DonaldsRump]

7. It's a provision in the US Constitution

The issue is one of interpretation as to how broad a President's pardoning powers are. I tend to agree that it would be a bit absurd to allow a President to pardon him/herself, but, from what I understand, at least one part of the Justice Department in 1974 said the contrary.

I would think Trump would resign and have Pence pardon him. There's clear precedent for that (Gerald Ford's pardon of Nixon in September 1974, one month after Nixon resigned for any federal crime committed while Nixon was President).

Still, a pardon of Trump does nothing about STATE criminal charges OR federal/state civil litigation. Trump is facing a lifetime of litigation after January 20, 2021.

[gordianot]

2. I can think of someone who may try.

If it is allowed will destroy the Presidency, Constitution, the Republic.

[Hekate]

3. Somehow I don't think karma or the gods will...

If you know what I mean.

[Tarc]

6. No

Why is this even a thread?

[OAITW r.2.0]

8. Because we are a Socratic community. We ask Questions and attempt to answer. nt

[Tarc]

9. Ask better questions

[OAITW r.2.0]

11. You 1st.

[Hassin Bin Sober]

10. Just like trump stealing electors, everyone has an opinion and makes good faith opinions...

... and arguments - whether they be experts or laymen.

But it really come down to this:

What Trump does and how Brett Kavanaugh, Clarence Thomas, Samuel Alito, Amy Coney Barrett, and Neil Gorsuch interpret The Constitution.

That’s it.

It doesn’t matter what our favorite Law Pundit says. It doesn’t matter what the justice department “guideline” say. And it doesn’t matter what any elected official says.

[Dan]

12. I am thinking this

A POTUS who does believe in the Constitution of the U.S., and does not abide by the accepted agreement reference the Transfer of power. A POTUS who violates a variety of the basic norms of the U.S. should not be able to then use one of the powers (Pardon) to then excuse himself.

Seems like you should not have it both ways.

I believe that the various States and Federal Government should use all the powers held within to charge Trump for every crime that he has committed. And if his Cult is upset, to hell with them.

I sadly think that if things do not turn around - our Democracy will not stand. And we can see from the GOP Senators that our Republic is not worth the paper it was written on.

[Gothmog]

13. Pardon power is limited to federal criminal matters

trump is protected by soverign immunity for official acts taken while in office for civil penalties.