Can Donald Trump's Presidential Pardons Be Overturned?
Donald Trump's recent decision to grant a presidential pardon to his former national security advisor, retired Lt. General Michael Flynn, has fueled speculation about other potential acts of clemency during the lame duck period.
Former New York Mayor Rudy Giuliani has denied a report that he discussed a pardon with the president but he's been mentioned for some time as one possible recipient.
The New York Times reported on Tuesday that Trump is considering pre-emptive pardons for his children and his son-in-law Jared Kushner, while many have suggested he'll even try to pardon himself.
Glenn Kirschner, legal analyst for NBC News and MSNBC, has argued that Trump's pardons could be challenged.
"If Trump delivers a pardon to stop the recipient from providing incriminating information about him, such a pardon would be corrupt & challengeable in court," he tweeted on November 26.
https://www.msn.com/en-us/news/politics/can-donald-trumps-presidential-pardons-be-overturned/ar-BB1bBczo?li=BBnb7Kz
FBaggins
(26,735 posts)That's probably great for his ratings... but not for his credibility as a legal analyst.
If Trump delivers a pardon to stop the recipient from providing incriminating information about him
If that could be proven then it might be a crime in and of itself which had not been pardoned. So that could perhaps be prosecuted, but there's no process/authority for undoing a pardon.
Miguelito Loveless
(4,465 posts)There is a question about pardoning himself, and some question of whether a pardon for "unkown crimes" might hold up in court, but someone has to test it, and the Dems have never shown that level of spine.
dubyadiprecession
(5,711 posts)That privilege needs to end with Biden.
Response to dubyadiprecession (Reply #3)
Freelancer This message was self-deleted by its author.
dware
(12,375 posts)it's a Constitutional Amendment and the Constitution would have to be amended to eliminate it.
Harker
(14,016 posts)And if it's a republican't it almost certainly will be.
beastie boy
(9,338 posts)uust like they did with the First amendment, for example.The most likely candidate to fall outside this boundary would be self-pardon.
But in order for this to even get off the ground, someone with "standing" (meaning someone who has been tangibly affected in some way by Trump's pardons) to challenge his pardons in court, and win the argument.