Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Wondering here, does anyone think that the SC will have to decide if (Original Post) bluestarone Oct 2020 OP
What brave law firm could he get to represent him in that case? Under The Radar Oct 2020 #1
Why doesn't he do that daily? lame54 Oct 2020 #2
It's possible. The Velveteen Ocelot Oct 2020 #3
After 1st week of Jan. couldn't the senate and house (if we have control) pass a bill that bluestarone Oct 2020 #4
The Constitution grants the president the power to pardon, The Velveteen Ocelot Oct 2020 #8
WOW just WOW! TY bluestarone Oct 2020 #9
They can't stop him...equal branches. He probably can pardon himself. Demsrule86 Oct 2020 #5
Your probably right BUT bluestarone Oct 2020 #6
The presidency was never designed for a crook like Trump...the idea was men of good Demsrule86 Oct 2020 #7
He can't pardon himself for state crimes. The Velveteen Ocelot Oct 2020 #10
YES i knew this. Thank God! bluestarone Oct 2020 #11

The Velveteen Ocelot

(115,573 posts)
3. It's possible.
Thu Oct 29, 2020, 02:22 PM
Oct 2020

I wouldn't put it past him to try it, but I wonder who would have legal standing to object? It would be an interesting question, for sure.

But he can't pardon anybody - including himself - for state crimes, and the Manhattan DA is waiting in the wings.

bluestarone

(16,851 posts)
4. After 1st week of Jan. couldn't the senate and house (if we have control) pass a bill that
Thu Oct 29, 2020, 02:27 PM
Oct 2020

Finally settles it? I'm sure of a veto, BUT then Senate rethugs would have a decision to make right?

The Velveteen Ocelot

(115,573 posts)
8. The Constitution grants the president the power to pardon,
Thu Oct 29, 2020, 03:06 PM
Oct 2020

which has been interpreted as absolute, but so far no president has tried to pardon himself (even Nixon didn't try it, but maybe Ford had already assured him he'd be taken care of although he denied it at the time). It says: "The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment." The constitutionality of Ford's granting Nixon an open pardon (covering offenses he hadn't been charged with but could be in the future) was never tested but remains in question. If Trump pardons himself it would be an open pardon like the one Ford gave Nixon. If you want to get way down in the weeds, here's an article from 1977 that argues the Nixon pardon was unconstitutional (https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2444&context=wmlr - scroll down to p. 57 of the PDF to The Nixon Pardon) because only courts can determine whether a crime was committed and whether the pardonee committed it. Although it doesn't address the specific question of whether a president can pardon himself, the argument against the Nixon pardon would apply with even more force to Trump pardoning himself. But there's this:

One element in the nature of the pardoning power is predominant when that power is analyzed through American constitutional theory. Alone among the powers enumerated in the Constitution, the power to pardon proceeds unfettered. Thus, of all the powers of the United States' tripartite system of government, this power has the greatest potential for abuse, for from "power unrestricted, comes impunity to delinquency in all shapes .... ." Neither the Congress nor the courts can question the motives of the President in the use of the power. Although nothing higher than the laws should exist in a democracy, one constitutionally-sanctioned exception to this noble theorem permeates the American system. "To the executive alone is entrusted the power, and it is entrusted without limit." The only "rule" governing the use of the power is that the President shall not exercise it against the public interest, though he alone is given the discretion to define the public interest.

bluestarone

(16,851 posts)
6. Your probably right BUT
Thu Oct 29, 2020, 02:33 PM
Oct 2020

Man, That's not right! THIS needs to be addressed, so we know for sure. Shit they could do ANYTHING they wanted to for 4 years then this.

Demsrule86

(68,455 posts)
7. The presidency was never designed for a crook like Trump...the idea was men of good
Thu Oct 29, 2020, 02:45 PM
Oct 2020

character would impeach and convict such a man.

The Velveteen Ocelot

(115,573 posts)
10. He can't pardon himself for state crimes.
Thu Oct 29, 2020, 03:17 PM
Oct 2020

The State of New York, through the Manhattan DA, is already investigating the Trump Organization.

bluestarone

(16,851 posts)
11. YES i knew this. Thank God!
Thu Oct 29, 2020, 03:19 PM
Oct 2020

Next question should be, Can you indict a sitting president! We may need that answered as well.

Latest Discussions»General Discussion»Wondering here, does anyo...