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pnwmom

(109,650 posts)
40. What makes you the Constitutional law expert?
Sat Jan 16, 2021, 06:58 AM
Jan 2021

Legal experts disagree, especially when the people a President pardons were involved in his impeachable offense.

https://www.washingtonpost.com/politics/2021/01/13/no-trump-cant-pardon-himself-impeachment-would-strip-him-that-power/

No, Trump can’t pardon himself or other insurrectionists. Impeachment would strip him of that power.

Congress can affirm what “except in cases of impeachment” means.


Reports indicate that President Trump is considering pardoning both himself and others related to the insurrection at the Capitol. At the same time, the House is rapidly moving forward with impeaching Trump for his role. The most coherent constitutional understanding suggests that if the House votes to impeach Trump — even before the Senate begins its trial — he is then barred from issuing a pardon either for himself or those related to the impeachment charges. Congress — not the Supreme Court — can move to decide on whether the president can pardon himself or others directly connected to the high crimes for which he is impeached.


Corey Brettschneider is a professor of political science at Brown University and the author of “The Oath and the Office: A Guide To The Constitution For Future Presidents.” He is also the editor of “On Impeachment: The Presidency On Trial.”

Jeffery K. Tulis is a professor of government at the University of Texas at Austin and the author of “The Rhetorical Presidency.”

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Her point was that it would be an amnesty, Sogo Jan 2021 #1
Right. In general. But, in general, a POTUS doesn't behave like Trump. Dark n Stormy Knight Jan 2021 #4
It would be another layer of culpability that he would be owning up to. CentralMass Jan 2021 #2
Normally, he hates "losers," so maybe them failing to murder Pence Dark n Stormy Knight Jan 2021 #5
That's one experts opinion. Phoenix61 Jan 2021 #3
I suspect we'll find out. n/t Dark n Stormy Knight Jan 2021 #8
Did she address the actual limitation of the pardon power? greenjar_01 Jan 2021 #6
I was gonna mention the same thing. TDale313 Jan 2021 #7
Some people seem to read that clause as meaning that the President can't reverse an impeachment greenjar_01 Jan 2021 #10
What might constrain normal people frequently has no influence on iDJT. Dark n Stormy Knight Jan 2021 #14
Yes. She said it doesn't mean what we would like it to mean. Dark n Stormy Knight Jan 2021 #11
Earlier Today Here On DU I Asked The Question - What's The Worst Thing Trump Can Do Before He..... global1 Jan 2021 #9
+1 CentralMass Jan 2021 #12
I know what you mean, on all of your points. Dark n Stormy Knight Jan 2021 #13
Jimmy Carter issued a blanket pardon to all Vietnam draft evaders trackfan Jan 2021 #15
Even if he'd lived to see & ardently support Trump, Goldwater would probably Dark n Stormy Knight Jan 2021 #17
That was the most depressing interview of all time!!!! Karadeniz Jan 2021 #16
Ikr? But I'm choosing to let my anger override my depression. Dark n Stormy Knight Jan 2021 #21
Good point! Karadeniz Jan 2021 #22
I don't think he's inclined to do this because moonscape Jan 2021 #18
Except no one really knows what the Constitution's language about the President's pardon power, pnwmom Jan 2021 #19
It's pretty clear. TwilightZone Jan 2021 #35
What makes you the Constitutional law expert? pnwmom Jan 2021 #40
They had a law professor Turin_C3PO Jan 2021 #44
Trump was impeached. It is not an ongoing act (in the House). triron Jan 2021 #48
It could seriously harm his interests if he did. It would amount to a full confession that he did Crunchy Frog Jan 2021 #20
You're making a reasonable argument here. Dark n Stormy Knight Jan 2021 #24
How wonderful that justice is often shackled by the LAW. Buckeye_Democrat Jan 2021 #23
Yep. And you can be sure Rs will cry bloody murder any time Dark n Stormy Knight Jan 2021 #25
Highly doubt he'll do that because he needs to blame them instead of taking any blame himself wishstar Jan 2021 #26
I wonder if he cares about being convicted by the Senate. Dark n Stormy Knight Jan 2021 #31
One more very important thing! atse Jan 2021 #27
Well, that shows how much I don't know. Dark n Stormy Knight Jan 2021 #32
they failed, like Rudy, so they don't get paid either is how trump thinks TeamPooka Jan 2021 #28
Yeah. Of course, you don't have to fail for him to fail Dark n Stormy Knight Jan 2021 #29
It would definitely kill his reelection chances jmowreader Jan 2021 #30
One would hope. But the fact that the great majority of R Congresspersons Dark n Stormy Knight Jan 2021 #33
Just noting that MSNBC was on "pardon watch" "because it's Friday" Hortensis Jan 2021 #34
O'Donnell & Love did discuss the possibility of secret pardons. Dark n Stormy Knight Jan 2021 #39
Lol, careful. It's dangerous in Trump's brain. Supposedly he's Hortensis Jan 2021 #46
We will know BeerBarrelPolka Jan 2021 #36
She's assuming Trump actually cares about those people Thrill Jan 2021 #37
I can think of three reasons why he might not pardon them DFW Jan 2021 #38
He would have to pardon specific crimes dansolo Jan 2021 #41
Carter also blanket pardoned Turin_C3PO Jan 2021 #45
Why wouldn't Nixon's pardon be valid? brooklynite Jan 2021 #51
I don't think he'll try because so many are now against him because his hostage video was a Vinca Jan 2021 #42
The problem is that he was impeached for leading it.... Evergreen Emerald Jan 2021 #43
In 1977, Carter pardoned hundreds of thousands of draft resisters... brooklynite Jan 2021 #47
I think it would give the Senate EVEN MORE reason to convict In It to Win It Jan 2021 #49
THIS i think is the BEST reason!! bluestarone Jan 2021 #50
That sounds reasonable. Dark n Stormy Knight Jan 2021 #52
I wish Lawrence did not bring up that topic. LiberalFighter Jan 2021 #53
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