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Wed Nov 25, 2020, 05:47 PM

If a president can pardon himself/herself, why not pardon yourself as soon as you are sworn in?

Pardon me. But we don't have a king or emperor.

8 replies, 455 views

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Reply If a president can pardon himself/herself, why not pardon yourself as soon as you are sworn in? (Original post)
Solomon Nov 2020 OP
samnsara Nov 2020 #1
NYC Liberal Nov 2020 #2
Cosmo Blues Nov 2020 #3
LuvNewcastle Nov 2020 #4
kurtcagle Nov 2020 #5
keithbvadu2 Nov 2020 #6
Solomon Nov 2020 #7
keithbvadu2 Nov 2020 #8

Response to Solomon (Original post)

Wed Nov 25, 2020, 05:52 PM

1. i do not think one can pardon themselves..they are creating an untouchable entity..

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Response to Solomon (Original post)

Wed Nov 25, 2020, 05:54 PM

2. Assuming they can...they can't pardon for future crimes.

They can only pardon for crimes already committed even if there hasnít been an indictment or conviction.

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Response to Solomon (Original post)

Wed Nov 25, 2020, 05:55 PM

3. Because of all the crimes you're going to commit in office

So you do it at the end if that's legal. Most don't think it is legal or constitutional so look for president Pence the last couple of days of Trump's presidency

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Response to Solomon (Original post)

Wed Nov 25, 2020, 06:02 PM

4. Because criminals who become President are usually

just getting started when they take the oath of office. The serious criminality is to take place while in office. Through the years, they've made it so that a President can't be charged for a crime while in office, so he doesn't need the pardon until he leaves.

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Response to Solomon (Original post)

Wed Nov 25, 2020, 07:15 PM

5. I rather hope Trump tries

The pardon was originally seen as an act of compassion on the part of a benevolent ruler, based upon the notion of clemency on the part of governors. The idea is that a person who commits a crime may end up performing certain acts later that at least partially mitigate the committing of the crime. However, it has increasingly come under criticism given the fact that should a president commit conspiracy, they can use the pardon to exonerate themselves either directly or indirectly (through a proxy, such as a vice president). Should Trump pardon himself, then the new AG SHOULD take this to the SCOTUS with the argument that the intent of the constitution is being violated.

As has been observed more than once on DU, having been appointed to the SC, the judges at this point DO have a lifetime appointment, meaning that their positions are more or less immune to anything that Trump attempts. This means that SCOTUS may in fact use this opportunity to clarify and limit the scope of pardons, as it falls within the judicial branch. This would be far faster than attempting to set up a constitutional amendment to deal with it.

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Response to Solomon (Original post)

Wed Nov 25, 2020, 08:06 PM

6. If the SC approves Trump pardoning himself, can they limit it to a one-time occurrence?

If the SC approves Trump pardoning himself, can they limit it to a one-time occurrence?

Back in the dusty cobwebs, I think I remember a court limiting a decision to just a single situation.

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Response to keithbvadu2 (Reply #6)

Wed Nov 25, 2020, 09:08 PM

7. Yep. Why not pardon yourself after every crime?

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Response to Solomon (Reply #7)

Wed Nov 25, 2020, 09:12 PM

8. Partly...

What I meant is: can they deny the ability to later Presidents?

Such as Democrats?

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