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Response to Stuart G (Original post)

Tue Jul 31, 2018, 04:50 PM

8. Nixon's Justice Department's said no...

Nixon's Justice Department’s said no, citing “the fundamental rule that no one may be a judge in his own case.” The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.

The Constitution specifically bars the president from using the pardon power to prevent his own impeachment and removal. It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself.

The pardon provision of the Constitution is there to enable the president to act essentially in the role of a judge of another person’s criminal case, and to intervene on behalf of the defendant when the president determines that would be equitable.

The Constitution embodies this broad precept against self-dealing in its rule that congressional pay increases cannot take effect during the Congress that enacted them, in its prohibition against using official power to gain favors from foreign states and even in its provision that the chief justice, not the vice president, is to preside when the Senate conducts an impeachment trial of the president.

(Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice by Elizabeth Bazan)


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