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In reply to the discussion: No, Trump cant pardon himself. The Constitution tells us so. [View all]BzaDem
(11,142 posts)29. I agree that Nixon could pardon Ford. I was using the question to dispute the logic in the OP.
From the OP:
It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself.
The logic of the OP says that because of the first sentence in the above quote, an impeached president cannot pardon himself. I was pointing out that the logic of that argument would not just prohibit self-pardons, but a much larger universe of pardons. In other words, the logic leads to an absurdity, which means that there is something wrong with the logic.
I happen to disagree with the second sentence. The provision in the first sentence (that an official removed through impeachment remains subject to prosecution) makes perfect sense, even if the president could pardon himself. It doesn't say that impeached officials are ALWAYS subject to prosecution, under all circumstances. It just means that the act of impeachment does not remove the ability to prosecute (and is in fact wholly independent). It does not prohibit OTHER circumstances (such as a pardon, prosecutorial grant of immunity, jury finding of not-guilty, etc) from removing the ability to prosecute.
Now, despite the logic of the OP being somewhat unsound, I do believe self pardons would be unconstitutional. But my reasoning has nothing to do with the sentences quoted from the OP.
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Is it possible to post the specific portion of the Constitution referenced by the original post?
Not Ruth
Jul 2017
#2
It doesn't supercede the constitution. It is one precedent in English Law upon which
Nitram
Jul 2017
#4
So Trump could pardon himself, but if he were impeached, that would negate the pardon?
Not Ruth
Jul 2017
#11
Tribe, Painter and Eisen are some pretty heavy intellectual hitters
The Velveteen Ocelot
Jul 2017
#16
Agreed. Does this mean they have also found a prohibition against pardoning Cabinet officers or
tritsofme
Jul 2017
#18
The Supreme Court would find that the President can't pardon themself. The vote...
PoliticAverse
Jul 2017
#15
Of course Ford could have pardoned Nixon if he'd been impeached and removed.
The Velveteen Ocelot
Jul 2017
#23