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U.S. Constitution
See other U.S. Constitution Articles

Title: Trump Says He Has the Absolute Right to Pardon Himself
Source: NY Magazine
URL Source: http://nymag.com/daily/intelligence ... e-right-to-pardon-himself.html
Published: Jun 4, 2018
Author: Benjamin Hart
Post Date: 2018-06-04 11:02:38 by Deckard
Keywords: None
Views: 1660
Comments: 13

President Trump tweeted Monday morning that he has the right to pardon himself, but that he has no reason to do so, because he’s completely innocent.

His bold, frightening assertion comes after a weekend in which the Trump administration’s legal argument — that the president can basically do whatever he wants with no repercussions — came into sharper focus.

On Saturday, the New York Times reported that Trump lawyers had sent Special Counsel Robert Mueller a letter in January arguing that their client should not be forced to sit for questioning because, as the president, he could not by definition have obstructed justice.

Then, on Sunday, Trump lawyer Rudy Giuliani said on This Week that the Constitution probably gives Trump the power to pardon himself, but that if the president were to pull the trigger, it would lead to “immediate impeachment.”

Later, Giuliani told HuffPost that even if Trump had shot former FBI director James Comey, he couldn’t be indicted while in office.

In reality, a presidential self-pardon is a constitutional gray area, the kind of weak spot in the document that Trump excels at exploiting.

In a Foreign Policy examination of the issue last year, Brian Kalt wrote that if the president tried the maneuver, he would “have a very simple case that his self-pardon was valid: There is nothing in the Constitution that explicitly forbids it.”

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#1. To: Deckard (#0)

that the president can basically do whatever he wants with no repercussions

He could still be impeached. But speculating on what Trump thinks he can do vs what he actually does is a waste of time. Before he could pardon himself, he'd need to first know which crime he's accused of committing and that hasn't even been suggested yet.

On Saturday, the New York Times reported that Trump lawyers had sent Special Counsel Robert Mueller a letter in January arguing that their client should not be forced to sit for questioning because, as the president, he could not by definition have obstructed justice.

I'd question any thing the NYT claims about what Trump or his lawyers said.

Pinguinite  posted on  2018-06-04   11:12:23 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

the president can basically do whatever he wants with no repercussions

None of his "pardons" can protect himself or any of his toadies from

Mr. Mueller's close friend, New York Attorney General Eric Schneiderman

Jameson  posted on  2018-06-04   11:17:26 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0) (Edited)

In reality, a presidential self-pardon is a constitutional gray area, the kind of weak spot in the document that Trump excels at exploiting.

Oh, Congress and the U.S. Supreme Court do a much, much better job exploiting that document.

If Trump does it he can be impeached. But if Congress or the U.S. Supreme Court does it? Yawn.

misterwhite  posted on  2018-06-04   11:37:21 ET  Reply   Trace   Private Reply  


#4. To: Jameson (#2)

None of his "pardons" can protect himself or any of his toadies from

Mr. Mueller's close friend, New York Attorney General Eric Schneiderman

No. It'll take the CIA and NSA to do that.

Vicomte13  posted on  2018-06-04   11:39:58 ET  Reply   Trace   Private Reply  


#5. To: Jameson (#2)

None of his "pardons" can protect himself or any of his toadies from

Mr. Mueller's close friend, New York Attorney General Eric Schneiderman

Eric Schneiderman is not the New York Attorney General. Barbara Underwood is the NY AG.

Mueller's close friend was forced to resign within 24 hours of a sex scandal breaking.

nolu chan  posted on  2018-06-04   12:39:50 ET  Reply   Trace   Private Reply  


#6. To: Deckard, y'all (#0)

Article II, Section 2 of the United States Constitution states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment"

President Trump tweeted Monday morning that he has the right to pardon himself, but that he has no reason to do so, because he’s completely innocent.

His bold, frightening assertion comes after a weekend in which the Trump administration’s legal argument — that the president can basically do whatever he wants with no repercussions — came into sharper focus.

Trump made a supposedly "bold, frightening assertion",_---- and the progressives bit..

Gotta love this crap...

tpaine  posted on  2018-06-04   19:24:41 ET  Reply   Trace   Private Reply  


#7. To: Deckard (#0)

I love it when Trump says something just to yank hard on democRat leftist chains.
Well played, Donald. More flopsweat.

Hank Rearden  posted on  2018-06-04   19:32:17 ET  Reply   Trace   Private Reply  


#8. To: nolu chan (#5)

Barbara Underwood is the NY AG.

Correct. - Thanks - I don't follow too closely, as you can see.

My point remains valid.

Jameson  posted on  2018-06-04   20:01:37 ET  Reply   Trace   Private Reply  


#9. To: Jameson (#8)

My point remains valid.

No, it does not. Any President has plenary authority to issue pardons, except in cases of impeachment. The threat a self-pardon would pose is impeachment. A state action goes nowhere while he is still in office.

nolu chan  posted on  2018-06-04   20:14:22 ET  Reply   Trace   Private Reply  


#10. To: nolu chan (#9)

My point remains valid.

SH45 cannot save Cohen or Mannafort or any of his other stooges from state charges.

Likewise, once he is out of office through resignation or removal, (or end of term) even a pardon of himself will not protect him from state charges.

I'm not an attorney, but the concept is fairly simple....

Jameson  posted on  2018-06-04   22:07:21 ET  Reply   Trace   Private Reply  


#11. To: Jameson (#8)

Thanks - I don't follow too closely, as you can see.

Yes we know like most liberal pieces of shit you don't follow things to closely. You are the token piece of shit of the forum.

A K A Stone  posted on  2018-06-05   6:26:18 ET  Reply   Trace   Private Reply  


#12. To: Jameson (#10)

once he is out of office through resignation or removal, (or end of term) even a pardon of himself will not protect him from state charges.

Correct. Two to six years from now, the state can bring charges, but for WHAT?

Cohen and Manafort have no immunity, and there are no state charges.

nolu chan  posted on  2018-06-05   12:58:03 ET  Reply   Trace   Private Reply  


#13. To: nolu chan (#12)

but for WHAT?

Be patient...Mr. Mueller is working on it.

and there are no state charges.

Yet...

Jameson  posted on  2018-06-05   13:00:56 ET  Reply   Trace   Private Reply  


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