Would a Supreme Court rule that a President can pardon himself?

[kentuck]

I could never see that happening, but in today's world, who knows?

In criminal questions, no man can be permitted to be the judge and jury for himself. That would contradict all the foundations of law.

However, that does not mean that Trump would not try to pardon himself. Whatever he thinks he can get away with, he will try. It would be incumbent on someone to take it to the Supreme Court for a decision if that were to happen.

If he does pardon himself, it would only validate his disrespect for the rule of law. It would show the world that he is guilty as sin.

[Girard442]

1. We have not tested the limits of what this SCOTUS is capable of.

Not looking forward to it.

[Blues Heron]

2. Sure -the new majority just flexed their muscles re. Covid restrictions

I bet they liked the taste of power and want to do it again.

[MineralMan]

11. That was a very, very narrow decision.

In effect, NYC had limited attendance size differently for different groups. That was the argument brought to the court, which ruled based on equal treatment under the law.

It was a technical decision.

[Blues Heron]

14. I hope you're right MM

not liking waking up to this result...

[Proud Liberal Dem]

16. Like with the EV and PV

Somebody could win the PV millions of times over but unless you win the EV, you're never going to be POTUS. A 5-4 ruling on their side is still a win for them.

[MineralMan]

3. That's very difficult to predict, I think.

It would pose a serious dilemma for the SCOTUS.

However, I do not think that will happen. I believe that Trump will resign close to inauguration day and be pardoned by Mike Pence. He will do whatever he needs to do to protect himself, and will have been advised that a self-pardon is an iffy proposition.

[kentuck]

5. If it did happen....

...It would give the Congress the rightful excuse to expand the Court, in my opinion.

[MineralMan]

9. Yes. I agree.

[paleotn]

17. Or incoming Justice opening investigations into....

Kavanaugh particularly, but Barrett as well, without it seeming partisan. Was there a mention of quid pro que in their nominations? And how exactly did Brett Kavanaugh pay off all that debt just before his appointment? Coupled with Roberts and Gorsuch being unreliable, I don't think Donnie will risk it. But rational thought isn't his strong suit.

[Shermann]

8. Yeah that one might come with some blowback

Hard to limit that new toy to just the one party's toybox.

[rzemanfl]

4. This one or a legitimate one?

This one has no respect for the rule of law.

[onecaliberal]

6. Why do they even need pardons if they've done nothing wrong?

(just in case)

[Mz Pip]

7. Depends on the President

It’s okay for a Republican but not for a Democrat.

[underpants]

10. No they won't.

This is pretty well covered by DOJ opinion and SCOTUS is as releieved to be done with him as we are. Even the ones he nominated.

[paleotn]

12. Hard to say....

Roberts and Gorsuch are wild cards. Smart money seems to think Donnie won't go that route. He'll resign due to (fill in the blank) and Pence will pardon him. That's the safer, easier, more rational option. But since when has Donnie been rational?

[Voltaire2]

13. this one is likely to do anything

[Proud Liberal Dem]

15. THIS one may well do that

A sane one, no. But we won't have one of those for some time

[Happy Hoosier]

18. If they allowed that...

The President would, in fact, be placed above the law. He could literally commit any Federal crime and pardon himself.... no exceptions. No Republic can survive that. The language says that the President May GRANT pardons. By the plain language meaning of that, he cannot “grant” something to himself.

[JohnnyRingo]

19. I don't believe a majority of it would, no.

I would guess 5-3.

I don't think they want to set precedent that sees every (republican) president pardon him or herself for all future crimes right after taking the oath to uphold the law.

They wouldn't want Bill Clinton, Obama, and Joe Biden to be pardoned just before the republicans finally get them anyway. hahaha

[Timewas]

20. No way to know

With this group of justices anything can happen

[GeorgeGist]

21. Laws don't apply to the President ...

if he's a Republican.

[Demsrule86]

22. I think so.

[bluestarone]

23. I'm pretty much on record that RUMP WILL self pardon. (i believe that's who he is)

If it weren't for the precedence setting argument i believe that they WOULD rule for RUMP. I really don't know if they will rule for Rump or not, BUT i feel if they COULD get away with it THEY WOULD!

[beachbumbob]

24. I would not bet my future on a self-paron being upheld by any court as there is a distinct line of

that would be crossed. The founding fathers never saw a crooked president retaining power to do such a thing and though impeachment and removal was the tools, They never foresaw a country where crooked ruler had a political party as crooked

[doc03]

25. At least two of them would. I would bet that was the first question asked in their

loyalty pledge to him.

[Takket]

26. No. He would lose that 9-0. Maybe 8-1 since we don't know where ACB would be

[SoonerPride]

27. I wouldn't trust this right wing cabal at all on anything.

Not for a second.

[FeelingBlue]

28. Likely they would.

Does Trump realize he’d lose his access to pleading the 5th ??? He could end up with a real mess on his hands. But, that’s how he rolls.

[duforsure]

29. That would put him only above the law, but above them also, I doubt they're that stupid.

It takes away their power, putting him above them, and the rule of law , and then to decide himself his own cases.

[PJMcK]

30. Here's an idea that definitely won't happen

Trump knows he's violated many laws. He's probably been advised that a self-pardon might not be sustainable legally. So he decides to make a deal with Pence, resign and then Pence would give him a blanket pardon for any and all crimes he might have committed while president.

But here's the rub. It turns out that Pence has been humiliated and pissed off too many times by Trump. Once he's president, he reneges on his deal with Trump and doesn't pardon him out of spite. So, Trump is vulnerable to all prosecutions!

Like I wrote, the won't happen. But if it did, what a delicious ironic end to Trump's presidency!

[RockRaven]

31. This one would. A competent, honest one would not.

[DFW]

32. They could, but today's court would narrow that decision, not make it blanket right

"A REPUBLICAN president, elected with with less than a majority of the popular vote, can pardon himself. Any other president may not. Our decision is based on the long-established principle of Trumpus Ridiculensis."

The decision would be 6-3, with all 6 Republican judges writing separate concurring opinions.

[superpatriotman]

33. It doesn't matter

He will pardon himself and never spend a day in jail. Period.

[lettucebe]

34. If they did, it ends rule of law. Presidents would be a fool not to commit a ton of crimes while in

office. This is simply untenable and will not happen, unless the SC wants to end our government.

My guess is someone will manage to convince tRump the risk isn't worth it, and he'll let Pence be president for five minutes so he can pardon him. Pence would agree because it's the only way he'll ever be president and he wants that more than he wants mother.

[Solomon]

37. That's what I keep saying. Why not pardon yourself every time you commit a federal crime?

It's not like you're limited to only one. If they allow that there's no such thing as rule of law.

[moondust]

35. Democratic or Republican President?

Heavily politicized court.

Doing so would be a mistake potentially leading to all kinds of criminal behavior if the dickhead knows he can get away with most anything with a simple wave of his magic wand. There may be a rare VP who would refuse to sanction a Presidential crime spree with a pardon.

[brooklynite]

36. Who would challenge a self-pardon and on what basis?