Jake Winker Frogen
Platinum Member
- Apr 24, 2020
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It is interesting, a president can pardon even people in investigations which possibly involve him, as Bush Sr. did with Iran Contra. Bush pardoned convicted members of the former Reagan administration and even Casper Weinberger who was indicted on two counts of perjury and one count of obstruction of justice.
A trial that may have provided evidence Bush as Vice President under Reagan knew all about Iran Contra and facilitated it.
Bush pardoned Weinberger before his trial.
Thus ending the trial.
So a President can use pardon as protection from legal prosecution, not only as clemency to the convicted.
Trump has a lot of power to pardon.
If he loses the election can he pardon himself?
Basic Western rule of law since the rise of an independent judiciary and legislative bodies would argue no, a self pardon is playing judge over oneself and hence an absolutist power not consistent with checks and balances.
But the constitution is silent on the subject.
Except it bans a President pardoning himself during impeachment. That could be construed to mean he cannot be judge over his own actions in this regard?
Or if one is a by the letter originalist it can be seen as only applying to impeachment?
Because I reckon Trump is going to issue a broad but vague personal pardon for everything he has ever done up to that point.
The Supreme Court is in for a fun time.
A trial that may have provided evidence Bush as Vice President under Reagan knew all about Iran Contra and facilitated it.
Bush pardoned Weinberger before his trial.
Thus ending the trial.
So a President can use pardon as protection from legal prosecution, not only as clemency to the convicted.
Trump has a lot of power to pardon.
If he loses the election can he pardon himself?
Basic Western rule of law since the rise of an independent judiciary and legislative bodies would argue no, a self pardon is playing judge over oneself and hence an absolutist power not consistent with checks and balances.
But the constitution is silent on the subject.
Except it bans a President pardoning himself during impeachment. That could be construed to mean he cannot be judge over his own actions in this regard?
Or if one is a by the letter originalist it can be seen as only applying to impeachment?
Because I reckon Trump is going to issue a broad but vague personal pardon for everything he has ever done up to that point.
The Supreme Court is in for a fun time.