If the president is being Impeached can he Pardon??

[The Sushi Bandit]

I had a bad dream.. Bush is delivered impeachment papers and he proceeds to pardon Dick and the entire cabinet!

can he do that.. would the SC uphold it??

[babylonsister]

1. I think if he's impeached, he has nothing. How sweet that would be! nt

[WI_DEM]

3. he needs to be convicted by the Senate, not only impeached

by the House.

[WI_DEM]

2. Yes

a president has a right to pardon anybody. If he can pardon somebody, as Ford did, before he was convicted of anything--he can pardon him afterwards.

as for your scenerio. If he's only impeached and not convicted by the Senate, of course he could pardon the VP and his cabinet. If he is convicted he is immediately removed from office and shouldn't be able to pardon anybody. However, he would have a good idea that would happen and could certainly pardon Dick and resign.

[babylonsister]

5. But if the prez is impeached, I would argue he has no powers left. nt

[WI_DEM]

7. If he is actually impeached and removed from office by the jury

in this case the Senate--yes, then he has nothing. But Bush would know that is coming and he probably could do what Nixon did--and resign or he certainly could do what Nixon could have done but decided not to do--pardon others of any "wrong doing" in office and then resign.

[WI_DEM]

8. Clinton was "impeached" but he had his full powers as president

because he was never convicted.

[wildbilln864]

4. excellent question...

IMO.
Bush, Cheney, Rove, Rummy, Rice, and many others should be in prison for their crimes!
Also I've been wondering as to Fitz's investigation. What's the latest?

[rwenos]

6. Pardon Power is in the Constitution

Thus, as long as the individual holds the office of President, he holds the power to pardon. He can be in the middle of impeachment, in the middle of trial in the Senate, whatever.

Until the Senate votes to remove the President from office, he hold the pardon power.

And also the nuclear codes, incidentally.

What a Gawdawful thought, eh?

[adwon]

9. Doesn't apply to impeachment

Impeachment is political, not criminal. A 2/3 vote of the Senate only removes a president; it doesn't carry any other sentence.

[tritsofme]

10. The POTUS' power to pardon is near absolute and unreviewable

However he cannot pardon himself from impeachment, or presumably someone else who is in the process of impeachment.

This is the relevent text from Article II Section 2:

he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment

[The Sushi Bandit]

11. So if Dick and company were also being impeached at the same time..

he could not pardon them??!!

[tritsofme]

12. He could pardon them from any criminal prosecution

but he could not stop the House from impeaching and the Senate from convicting and removing from office.

[RB TexLa]

13. of course

[sutz12]

14. The problem is in SCOTUS.

Bush appointed the SCJ that will preside over his impeachment in the Senate.

What are the odds that Roberts recuses himself? I wouldn't bet that line myself. The whole fucking lot of them are beyond any shame about their actions.

[The Sushi Bandit]

15. Can the congress sue to have him Recuse?