J. Michael Luttig: No, President Trump can't pardon himself

[mahatmakanejeeves]

Hey, this guy went to law school and everything. So listen up.

As always, this opinion piece and $4 will get you a cup of coffee at Starbucks.

Opinions

No, President Trump can’t pardon himself

Opinion by J. Michael Luttig
Dec. 7, 2020 at 7:10 p.m. EST

J. Michael Luttig served as a judge on the U.S. Court of Appeals (1991-2006) and as assistant attorney general for the Office of Legal Counsel at the Justice Department (1990-1991).

{snip}

So why is it clear that the president lacks the power to pardon himself? There are three reasons. The language of the pardon power itself is ambiguous in the face of a constitutional expectation of clarity if the Framers intended to invest the president with such extraordinary power — a power in the sovereign that was little known to the Framers, if known at all.

Second, the Framers clearly contemplated in the impeachment provisions of the Constitution that the president would not be able to violate the criminal laws with impunity. There, without so much as a hint of a president’s power to avoid criminal liability through self-pardon, they provided that even “in Cases of Impeachment,” for which the president can only be removed and disqualified from holding high federal office, “the party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

And last, but not least, a power in the president to pardon himself for any and all crimes against the United States he committed would grievously offend the animating constitutional principle that no man, not even the president, is above and beyond the law.

In contemporary constitutional parlance, the Framers more likely would have regarded a self-pardon not as an act of justice, grace, mercy and forgiveness, as they did presidential pardons of others. They would have viewed a self-pardon as a presidential act more akin to an obstruction of justice for criminal offenses against the United States by a president, the prosecution for which can be brought, at least according to the Justice Department, only after a president leaves office.

{snip}

[musclecar6]

1. I agree

That said, we know it’s likely this asshole is going to try it.

[Polybius]

2. He almost became a Supreme Court Justice

He was on W's short list both times, but passed over for Roberts and Alito.

[SWBTATTReg]

3. Best explanation I've read on this ... thanks for providing it!

[alwaysinasnit]

4. k&r for visibility

[My Pet Orangutan]

5. Disagree - the pardon power was a direct cut and paste

from the Royal Prerogative of English Kings. The impeachment exception was carved out by Parliament during the reign of Charles II.

The prerogative is by nature a sovereign power. Hamilton inserted the unfettered power of a Monarch into the constitution.

[elleng]

6. Interesting.