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So, what exactly would happen if Idiot pardoned himself? (Original Post) MoonRiver Nov 2020 OP
If it's gonna happen, that might be the preferred route. OneBro Nov 2020 #1
So far the legal opinion is that he cannot "grant" himself a pardon Historic NY Nov 2020 #2
Judging by the track record so far, nothing. BlueTsunami2018 Nov 2020 #3
Of course not, but that might be a good thing. Dan Nov 2020 #4
Um, when Trump said "no" to all three questions... brooklynite Nov 2020 #18
And these questions would be asked in the lockup at Gitmo? Chainfire Nov 2020 #21
And these questions would be asked in the lockup at Gitmo? Chainfire Nov 2020 #22
Ah, Gitmo! Easy access, no waiting! Let's make it so! abqtommy Nov 2020 #27
He's such a traditionalist when it comes to the law.... Shirley he wouldn't. ResistantAmerican17 Nov 2020 #5
Stop calling me Shirley 🤣 lisa58 Nov 2020 #7
Well played!! ResistantAmerican17 Nov 2020 #8
🥂 lisa58 Nov 2020 #9
They haven't been indicted for a crime, so there is no reason to pardon anyone. KWR65 Nov 2020 #6
Nixon was pardoned without being indicted... regnaD kciN Nov 2020 #10
That was not tested in a court of law. KWR65 Nov 2020 #13
Because there was no serious question about the pardon's validity. tritsofme Nov 2020 #19
Nobody really knows. TreasonousBastard Nov 2020 #11
Basically, one of two things... regnaD kciN Nov 2020 #12
There would be nothing to challenge until/unless he faced federal indictment. tritsofme Nov 2020 #14
In theory, here's what would have to happen unblock Nov 2020 #15
If he did and SCOTUS upheld it... Girard442 Nov 2020 #16
Nothing, unless he was indicted by a federal grand jury. The Velveteen Ocelot Nov 2020 #17
If he has granted himself a pardon it may very well work even if illegal. Kablooie Nov 2020 #20
I wish he would pardon himself. KentuckyWoman Nov 2020 #23
Why would he will admit to crimes, when he is not currently under threat of charges? GoCubsGo Nov 2020 #24
Pardon rso Nov 2020 #25
He can pardon himself Blue Owl Nov 2020 #26
Since he doesn't think that he ever does anything wrong Rice4VP Nov 2020 #28
It's uncertain and since it has never been tested in court... 2naSalit Nov 2020 #29
Question.. If he pardons him self, it gets challenged and the SC says ok he cant be prosecuted mitch96 Nov 2020 #30

OneBro

(1,159 posts)
1. If it's gonna happen, that might be the preferred route.
Sat Nov 28, 2020, 04:26 PM
Nov 2020

He could pardon himself, then after he leaves office the Supreme Court might decide that a sitting president canNOT pardon himself. How perfectly beautiful would that be?

BlueTsunami2018

(3,490 posts)
3. Judging by the track record so far, nothing.
Sat Nov 28, 2020, 04:28 PM
Nov 2020

People will hem and haw about how “unusual” it is and then nothing will happen.

Dan

(3,550 posts)
4. Of course not, but that might be a good thing.
Sat Nov 28, 2020, 04:28 PM
Nov 2020

Bring him before Congress, under Oath...and ask all the questions that we wanted to ask for the past four years.

1. Did you work with Putin to get rid of the Kurds...

2. Did you work with Putin to get rid of NATO...

3. Did Putin promise you money for undermining the U.S....

Add your own questions...

Chainfire

(17,530 posts)
21. And these questions would be asked in the lockup at Gitmo?
Sat Nov 28, 2020, 05:01 PM
Nov 2020

If you gave Trump truth serum, he would just vanish.

Chainfire

(17,530 posts)
22. And these questions would be asked in the lockup at Gitmo?
Sat Nov 28, 2020, 05:03 PM
Nov 2020

If you gave Trump truth serum, he would just vanish.

KWR65

(1,098 posts)
6. They haven't been indicted for a crime, so there is no reason to pardon anyone.
Sat Nov 28, 2020, 04:30 PM
Nov 2020

Joe Biden is going to carry on and then take care of America.

regnaD kciN

(26,044 posts)
12. Basically, one of two things...
Sat Nov 28, 2020, 04:40 PM
Nov 2020

1) The incoming administration investigates and indicts him anyway. The validity of the pardon winds up in front of the current SCOTUS…and who knows wtf that crew would decide???

2) Not wanting the current Court to make a precedent-setting ruling on this, the incoming administration decides to not prosecute on federal charges and, instead, let the state of New York charge him with matters not covered by a federal pardon. The advantage of this is that it prevents the Court Clown Car from weighing in; the disadvantage is that it gives at least an implied de facto validity to a self-pardon.

We shall see how it plays out.

tritsofme

(17,376 posts)
14. There would be nothing to challenge until/unless he faced federal indictment.
Sat Nov 28, 2020, 04:43 PM
Nov 2020

That would be the only way to test it.

unblock

(52,196 posts)
15. In theory, here's what would have to happen
Sat Nov 28, 2020, 04:44 PM
Nov 2020

A pardon is legally meaningless until the pardonee introduces it in court. It's basically just a document that the pardoned holds until they feel the need to use it.

So a federal prosecutor would have to try to build a case against Donnie for a crime covered by the pardon. That case could proceed through investigation, indictment, trial, conviction, sentencing, and the carrying out of the sentence, with various appeals along the way.

At whatever stage donnie cares to use it, he could trot out the pardon and say it all stops not because I have a get out of jail free card. At that point, the court would agree or reject it as invalid, but either way, someone would appeal and eventually the Supreme Court would decide if self-pardons are ok or not.

Or, as they often do, they'd find done other basis on which to decide the particular case without delving into the self-pardon question, leaving it the question open.

Girard442

(6,070 posts)
16. If he did and SCOTUS upheld it...
Sat Nov 28, 2020, 04:45 PM
Nov 2020

...there are still a lot of arrows in the quiver. State prosecutions, f’rinstance, with Biden’s DOJ lending assistance.

Or...haul him in front of Congress and let him lie his way into a perjury conviction or be held in contempt.

Just a matter of will.

The Velveteen Ocelot

(115,674 posts)
17. Nothing, unless he was indicted by a federal grand jury.
Sat Nov 28, 2020, 04:47 PM
Nov 2020

Nobody would have legal standing to object if he did it and that was the end of it. However, if a US attorney presented evidence of his crimes to a grand jury, he could, and probably would, use the pardon to try to quash the indictment. And then the whole thing would almost certainly work its way up to the Supreme Court.

Kablooie

(18,625 posts)
20. If he has granted himself a pardon it may very well work even if illegal.
Sat Nov 28, 2020, 04:56 PM
Nov 2020

Because it may never be tested.

As mentioned above, it can't be challenged until he uses it to defend himself against a specific prosecution.
Then courts would have to decide if it was valid or not.
This would have to go up the chain and ultimately the Supreme Court would make the final determination.

If it is decided to be valid the court case ends right there.

The possibility that all the work to prepare a case could be thrown out before ever being presented is a possibility and would be a great discouragement for anyone who would like to start a prosecution.

So if he pardons himself it may work because no one would want the risk of challenging it.
Trump remains prosecution free.

KentuckyWoman

(6,679 posts)
23. I wish he would pardon himself.
Sat Nov 28, 2020, 05:05 PM
Nov 2020

if he does the gates of hell open up and swallow him whole along with all his spawn.

Problem solved.

Seriously, I don't care ... just want him and his ilk to go away and never be a public figure again.
It won't happen of course, but that is my most fervent wish.

GoCubsGo

(32,079 posts)
24. Why would he will admit to crimes, when he is not currently under threat of charges?
Sat Nov 28, 2020, 05:10 PM
Nov 2020

Because that is what a self-pardon would do. Why would anyone do that, unless they are certain something is in the works? Not to mention that we're talking about a guy who believes he'll be able to continue getting away with everything. I don't see him even considering it, unless he knows for sure he will eventually get indicted for something.

rso

(2,271 posts)
25. Pardon
Sat Nov 28, 2020, 05:48 PM
Nov 2020

I think Donnie’s advisers are telling him that a self-pardon is too risky, as there would be no way to test its legality until he’s indicted, and if SCOTUS rules at that point that he cannot pardon himself, it’s too late and Donnie is screwed. So his safest bet is to resign before Jan. 20 and have Pence pardon him, assuming of course that Pence goes along.

2naSalit

(86,536 posts)
29. It's uncertain and since it has never been tested in court...
Sat Nov 28, 2020, 08:37 PM
Nov 2020

I am pretty sure there will be a few, maybe more, who will test it in court this time around because we need to have accountability on this whole debacle of a presidential term and it needs to be known whether he can get away with it or not.

mitch96

(13,892 posts)
30. Question.. If he pardons him self, it gets challenged and the SC says ok he cant be prosecuted
Sun Nov 29, 2020, 12:15 AM
Nov 2020

To get pardoned he has to admit to guilt? If so can that admission to guilt be used in say a NYS indictment? Or any other state...
m

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