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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJosh Marshall, TPM - "There It Is, Folks"
http://talkingpointsmemo.com/edblog/there-it-is-folksBy JOSH MARSHALL Published JULY 20, 2017 9:34 PM
A host of stories are out tonight on the Trump White Houses new war about Special Counsel and former FBI Director Robert Mueller. But I want to focus on one thing. The Post reports that the President has been canvassing his lawyers about the possibility of pardoning aides, family and even pardoning himself.
From the Post
Some of President Trumps lawyers are exploring ways to limit or undercut special counsel Robert S. Mueller IIIs Russia investigation, building a case against what they allege are his conflicts of interest and discussing the presidents authority to grant pardons, according to people familiar with the effort.
Trump has asked his advisers about his power to pardon aides, family members and even himself in connection with the probe, according to one of those people. A second person said Trumps lawyers have been discussing the presidents pardoning powers among themselves.
Grassy Knoll
(10,118 posts)Dark n Stormy Knight
(9,760 posts)he was going to try. And, who's to stop him?
yallerdawg
(16,104 posts)volstork
(5,400 posts)Wouldn't surprise me if half of the GOP congress of both houses is implicated.
greatauntoftriplets
(175,733 posts)Unreal.
dixiegrrrrl
(60,010 posts)And the second he tries to pardon anything, it will be in the courts, and appealed and dragged on up to SCOTUS
which takes time time time that he does not have, while the investigation continues.
greatauntoftriplets
(175,733 posts)It certainly sounds like obstruction or justice.
Jim Lane
(11,175 posts)First, for a new President, who obviously didn't prepare very well for the job, to ask experts about one aspect of the law concerning the powers of his office, is not an admission of guilt on his part, let alone an admission by anyone else. (My recollection is that legal experts are divided about whether accepting a pardon is an admission of guilt, but so far no one has accepted a pardon, so that's moot at this time.)
Second, the presidential pardoning power is absolute. There is no colorable legal case to be brought by anyone (even if you could find someone who had standing) that would justify a court in setting aside a pardon. If someone brought such a case, it would be dismissed very quickly, the dismissal would be affirmed, and the Supreme Court wouldn't even grant a petition to hear the case. Mueller knows all this and would not bring any criminal charges that were covered by such a pardon.
Mueller would, instead, act promptly to get sworn testimony from the pardoned person(s). The normal Fifth Amendment privilege against self-incrimination doesn't apply to someone who's not at risk of a criminal prosecution. A pardon can't be prospective, so the pardonee would still be liable to prosecution for contempt (for defying a subpoena by not appearing or by not answering questions) or for perjury (for answering falsely). For that reason, Trump would be foolish to pardon some underling unless he's completely confident that the underling won't sing.
leftstreet
(36,107 posts)He's having to ask?
What a fucking idiot
And what's the matter - doesn't he trust Pence to pardon him?
Hekate
(90,667 posts)MAGA-ites wanted a businessman as president because idiots think running the government is/should be just like running a business, and that creating a federal budget is just like balancing a family budget at the kitchen table.
The blind leading the blind.