Is Trump even eligible to receive a presidential pardon?

[meaner gene]

Whether granted by himself (self pardon) or by Pence, or any future president, are such pardons prohibited by the Constitution?

US Constitution
Article 2 Section 2.
The President ,,, shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article 1 Section 3
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The constitution clearly believes those impeached should suffer the consequences of their actions through both a political and legal judgement. So does article 2 section 3 preclude the derailing of a legal judgement by precluding presidential pardons to those impeached?

 

[9thIDdoc]

You're getting a little carried away there, dude. Maybe he should actually be judged guilty of a crime before the question of a pardons is considered.

 

[meaner gene]

You're getting a little carried away there, dude. Maybe he should actually be judged guilty of a crime before the question of a pardons is considered.

Then why is Trump asking white house legal counsel if he can pardon himself?

 

[meaner gene]

You're getting a little carried away there, dude. Maybe he should actually be judged guilty of a crime before the question of a pardons is considered.

Maybe you should look up Richard Nixon and Gerald Ford.

And the history of granting pardons before any guilt is legally established. And the US Supreme Courts ruling that pardons carry an inference of guilt on the part of the person receiving them.

 

[pyetro]

Whether granted by himself (self pardon) or by Pence, or any future president, are such pardons prohibited by the Constitution?

US Constitution
Article 2 Section 2.
The President ,,, shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article 1 Section 3
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The constitution clearly believes those impeached should suffer the consequences of their actions through both a political and legal judgement. So does article 2 section 3 preclude the derailing of a legal judgement by precluding presidential pardons to those impeached?

The Supreme Court would have to weigh in because it isn't clear.

 

[DrLove]

I don't think Donnie's pardons to silence his complicit cronies will stand. Plus, they've all lost their 5th amendment rights and can be hauled in front of congress. As for a self-pardon, don't think it's constitutional. He could quit a few hours early and have president Pence pardon him I suppose, but it won't do a bit of good. Letitia James and Cy Vance Jr eagerly await his departure.

 

[EvilCat Breath]

There's no crime. Therefore no pardon.

 

[meaner gene]

Whether granted by himself (self pardon) or by Pence, or any future president, are such pardons prohibited by the Constitution?

The Supreme Court would have to weigh in because it isn't clear.

You are probably right, since this is an area of the constitution not previously interpreted by the high court.

Although from history it is clear that the clause was intended to prevent the president from overriding the congresses impeachment judgement.

Example. A federal judge accused of accepting a bribe, and facing impeachment for it, getting pardoned by the president in order to circumvent either the consequences of impeachment, or even to circumvent congress from impeaching the judge.

 

[CrusaderFrank]

Whether granted by himself (self pardon) or by Pence, or any future president, are such pardons prohibited by the Constitution?

US Constitution
Article 2 Section 2.
The President ,,, shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article 1 Section 3
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The constitution clearly believes those impeached should suffer the consequences of their actions through both a political and legal judgement. So does article 2 section 3 preclude the derailing of a legal judgement by precluding presidential pardons to those impeached?

LOL!

He can't pardon himself from impeachment

You know less about the law than both Obamas and that a low bar

 

[meaner gene]

I don't think Donnie's pardons to silence his complicit cronies will stand. Plus, they've all lost their 5th amendment rights and can be hauled in front of congress.

On Trumps pardons of his criminal cohorts, that unfortunately will stand. Since a presidents pardon power is an absolute, with no review, or other requirements imposed. Pardons can be granted for any , or for no reason. The only limit is that a pardon can not extend past when the pardon was granted. (future crimes)

 

[Orangecat]

Is Trump even eligible to receive a presidential pardon?

No, he'd have to have committed a crime to be eligible.

 

[DrLove]

I don't think Donnie's pardons to silence his complicit cronies will stand. Plus, they've all lost their 5th amendment rights and can be hauled in front of congress.

On Trumps pardons of his criminal cohorts, that unfortunately will stand. Since a presidents pardon power is an absolute, with no review, or other requirements imposed. Pardons can be granted for any , or for no reason. The only limit is that a pardon can not extend past when the pardon was granted. (future crimes)

You're right, however I have seen a couple of legal pundits say that in the case of pardoning complicit cronies in order to silence them can be investigated if not overturned. And Rudy is in bigly trouble whether Donald pardons him or not in the State of NY.

 

[meaner gene]

As for a self-pardon, don't think it's constitutional. He could quit a few hours early and have president Pence pardon him I suppose, but it won't do a bit of good. Letitia James and Cy Vance Jr eagerly await his departure.

Self pardon is not spelled out in the constitution, but is rooted in common law, where a sovereign can't sit in judgement of himself.

This is in part the basis for the DOJ office of legal counsels opinion that a sitting president can't be indicted or prosecuted while in office. Since technically as the head of the executive branch, he would be sitting in judgement of himself.

So I guess if you can't have an indictment of a sitting president, you can't have a pardon of a sitting president either.

 

[harmonica]

Whether granted by himself (self pardon) or by Pence, or any future president, are such pardons prohibited by the Constitution?

US Constitution
Article 2 Section 2.
The President ,,, shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article 1 Section 3
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The constitution clearly believes those impeached should suffer the consequences of their actions through both a political and legal judgement. So does article 2 section 3 preclude the derailing of a legal judgement by precluding presidential pardons to those impeached?

pardon for what??????????!!!!!!!!!!
HAHAHAHAHAHAHAHAHAHAHAHAHA

 

[meaner gene]

There's no crime. Therefore no pardon.

Then why is Trump seeking to pardon himself?

 

[meaner gene]

You're right, however I have seen a couple of legal pundits say that in the case of pardoning complicit cronies in order to silence them can be investigated if not overturned. And Rudy is in bigly trouble whether Donald pardons him or not in the State of NY.

Investigated YES, but the pardon itself is not subject to legal review or judgement. There was even a case made after Bill Clinton pardoned Marc Rich, that an ex-president, could be impeached after leaving office. Since one of the judgments of the senate would be to prohibit him from ever holding another federal office.

I don't think it likely in todays political climate, but there is an argument in that an ex-president remains on the federal payroll.

 

[DrLove]

You're right, however I have seen a couple of legal pundits say that in the case of pardoning complicit cronies in order to silence them can be investigated if not overturned. And Rudy is in bigly trouble whether Donald pardons him or not in the State of NY.

Investigated YES, but the pardon itself is not subject to legal review or judgement. There was even a case made after Bill Clinton pardoned Marc Rich, that an ex-president, could be impeached after leaving office. Since one of the judgments of the senate would be to prohibit him from ever holding another federal office.

I don't think it likely in todays political climate, but there is an argument in that an ex-president remains on the federal payroll.

I'm not really as concerned that Donald will pay for his crimes as I am what stunts he will pull in his final 25 days. I just mainly want him OUT.

Time left until Trump leaves office

25	days
610	hours
36646	minutes
2198778	seconds

until Wednesday, January 20, 2021 (Washington DC, District of Columbia time)

 

[EvilCat Breath]

There's no crime. Therefore no pardon.

Then why is Trump seeking to pardon himself?

I have never heard Trump suggest a pardon for himsrlf. Are you accepting some democrat nonsense?

 

[JackOfNoTrades]

No. You can't self pardon yourself for crimes you may or may not have committed while in office. The SC has already ruled that not even a President is above the law.
I don't really care what he does. Pardons don't spare you from state criminal or civil penalties.

 

[meaner gene]

I'm not really as concerned that Donald will pay for his crimes as I am what stunts he will pull in his final 25 days. I just mainly want him OUT.

This is a case for the 25th amendment. But I doubt Pence will do his duty at this late date. We clearly have a situation similar to that depicted in the movie "Marie"

Marie (1985 film) - Wikipedia

en.wikipedia.org

a 1985 American biographical film starring Sissy Spacek as Marie Ragghianti, former head of the Tennessee Board of Pardons and Paroles, who was removed from office in 1977 after refusing to release prisoners on whose behalf bribes had been paid to aides to Governor Ray Blanton.

Ray Blanton was governor from 1975 to 1979. He was forced from office days early by a “coup” led by his own party's leaders Speaker Ned McWherter and Lieutenant Governor John S. Wilder to inaugurate Lamar Alexander early and forestall additional potential pardons of a questionable nature

In brief, Blanton was selling pardons, and even after getting caught was going to continue issuing them until he left office. To stop him, they found a loophole in when the governors term ended, and inaugurated Lamar Alexander 3 days early, preventing Blanton from issuing any more pardons.

Although that can't happen with Trump except by the 25th amendment.