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Yo_Mama_Been_Loggin

(107,972 posts)
Thu Dec 3, 2020, 03:03 PM Dec 2020

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

7 replies = new reply since forum marked as read
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Can Donald Trump's Presidential Pardons Be Overturned? (Original Post) Yo_Mama_Been_Loggin Dec 2020 OP
No FBaggins Dec 2020 #1
Nope. Miguelito Loveless Dec 2020 #2
No more Pardons!! dubyadiprecession Dec 2020 #3
This message was self-deleted by its author Freelancer Dec 2020 #4
It's not a privilege, dware Dec 2020 #6
As with any power, it can be abused. Harker Dec 2020 #5
They cannot be overruled, but the courts may establish boundaries to this power. beastie boy Dec 2020 #7

FBaggins

(26,735 posts)
1. No
Thu Dec 3, 2020, 03:05 PM
Dec 2020
Glenn Kirschner, legal analyst for NBC News and MSNBC, has argued that Trump's pardons could be challenged.

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)
2. Nope.
Thu Dec 3, 2020, 03:09 PM
Dec 2020

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.

Response to dubyadiprecession (Reply #3)

dware

(12,375 posts)
6. It's not a privilege,
Thu Dec 3, 2020, 04:28 PM
Dec 2020

it's a Constitutional Amendment and the Constitution would have to be amended to eliminate it.

beastie boy

(9,338 posts)
7. They cannot be overruled, but the courts may establish boundaries to this power.
Thu Dec 3, 2020, 09:29 PM
Dec 2020

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.

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