Indicting Trump To Impede His Pardoning Powers.....

[global1]

I know I keep hearing that one can't indict a sitting president.

However, I really don't know if this has been tested to the extent that it should be - given that in fact we know that Trump is Individual 1 in the Cohen 'hush money' case.

Right now doesn't that make Trump an un-indicted co-conspirator? To me - that in itself should be enough to block Trump from using his pardoning power.

What if we had some additional insurance to block him?

So I'm thinking that - what if - before Trump has a chance to pardon Manafort - Mueller indicts Trump. Knowing full well that such an indictment would be challenged by the WH - it still calls up the issue of whether Trump can use his pardoning power here if he's under indictment. It just further complicates the issue and probably would go all the way to SCOTUS to settle or straighten this whole thing out. In the meantime, until the issue is decided - Trump can't pardon anyone.

It just seems to me that this might put up - at least till the issue is settled (issue: can't indict a sitting president) - some roadblocks to Trump pardoning Manafort.

At least if Trump tries to pardon Manafort - once he is under indictment and until the issue is settled - there is a legitimate reason to prevent such a pardon(s).

What do you think?

[SoCalDem]

1. NYC needs to indict (with a vengeance)

Jared
Ivanka
Eric
DonJr

and issue a sealed indictment for TrumptyDumpty

If they do it diligently they can at least spend a LOT of their money on legal fees, and can end up with at least a few of them in jail..

Ivanka would look lovely in orange

[guillaumeb]

2. There is no law that prevents a sitting President from being indicted.

At this point, Manafort is also the subject of a state level criminal proceeding.

One might expect others to be also indicted at the state level.

[euphorb]

3. What's the logic here?

How does indicting Trump prevent him from exercising his pardon power? Presumably, even if he's indicted, as long as he remains in office he can exercise all his other presidential powers. So why couldn't he also exercise his power to pardon?

[cbdo2007]

4. The rumors around DC are that Trump has already tried to...

Pardon these guys and was told by the Supreme Court that he can't because he is an unindicted co-conspirator in their cases.

Just rumor but it would make sense that he would try and that the supreme Court would rule this way.

[former9thward]

5. No, the SC has not told Trump anything.

But if you want to believe silly internet rumors go for it.

[sarisataka]

7. Was he told that

By the Marshal of the Supreme Court?

[sarisataka]

6. What logic? I want to know

What law allows any restrictions on a President's Constitutional powers short of removal from office by impeachment and conviction.

Hint- there isn't. As you said, a President has all of the powers listed while in office.

[global1]

8. I Believe That A Case Can Be Made That ....

if Trump is under indictment and he attempts to pardon Manafort - that it would clearly look like 'Obstruction of Justice' and he would be stopped. He would be in a 'between a rock or a hard place' situation. If he went ahead and pardon Manafort - he would be committing 'Obstruction'.

I believe that if he did try a pardon - that it would have to be put in a limbo situation - until SCOTUS weighed in on it. They would have to decide if a president under indictment would be able to exercise his presidential powers.

That's just my personal belief on this. I believe that legal experts and Congress (at least all the Dems and maybe even some of the Repugs) would agree.