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Presidential Pardon Power and lack thereof
Presidential Pardon Power and lack thereof
By razoo
6 Sep 2023 12:19 am in No Holds Barred Political Forum
8 posts • Page 1 of 1
6 Sep 2023 12:19 am
The Constitution gives the president the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
” When it comes to reducing our prison populations, we’ve argued that this power should be used more frequently as a vital mechanism of mercy, tempering the often harsh, racist, and inequitable effects of our criminal legal system.
But the pardon power also comes with the risk of abuse. Never has this been more apparent than under President Trump, who has used it to grant clemency to people convicted of crimes relating to his presidential campaign. And now, Trump is reportedly considering trying to pardon himself for a variety of crimes, which would be unprecedented.
Why is Trump considering pardoning himself?
The most recent reason is his role in inciting the deadly insurrection at the Capitol Wednesday, when he told a crowd of supporters in front of the White House that the election was stolen and instructed them to “walk down to the Capitol” where Congress was counting the Electoral College votes.
The Justice Department said that it was not ruling out charging Trump for inciting a riot, with the U.S. attorney in Washington saying, “All options are on the table. … We will look at every actor and all criminal charges.”
Since making that statement, the DOJ has softened its position, with one official calling it a “moonshot” that “there’s any hook for criminal liability for Trump.” But even if Trump dodges prosecution now, nothing will stop the Biden DOJ, based on its review of the law and facts, from prosecuting Trump for inciting the riot.
And Biden’s attorney general pick Merrick Garland condemned Wednesday’s riots and noted that today’s priorities, “from ensuring racial equity in our justice system to meeting the evolving threat of violent extremism,” are ones that he will be devoted.
The other recent reason is illegal election interference — specifically, Trump’s January phone call to Georgia Secretary of State Brad Raffensperger in which the president asked him to “find 11,780 votes” to change the outcome of the presidential vote in the state.
Back in 2017, the Washington Post reported that Trump consulted with his advisors on the legal authority to self-pardon when he was under investigation by Special Counsel Robert S. Mueller III as part of the Russia probe.
https://www.brennancenter.org/our-work/ ... -explained
” When it comes to reducing our prison populations, we’ve argued that this power should be used more frequently as a vital mechanism of mercy, tempering the often harsh, racist, and inequitable effects of our criminal legal system.
But the pardon power also comes with the risk of abuse. Never has this been more apparent than under President Trump, who has used it to grant clemency to people convicted of crimes relating to his presidential campaign. And now, Trump is reportedly considering trying to pardon himself for a variety of crimes, which would be unprecedented.
Why is Trump considering pardoning himself?
The most recent reason is his role in inciting the deadly insurrection at the Capitol Wednesday, when he told a crowd of supporters in front of the White House that the election was stolen and instructed them to “walk down to the Capitol” where Congress was counting the Electoral College votes.
The Justice Department said that it was not ruling out charging Trump for inciting a riot, with the U.S. attorney in Washington saying, “All options are on the table. … We will look at every actor and all criminal charges.”
Since making that statement, the DOJ has softened its position, with one official calling it a “moonshot” that “there’s any hook for criminal liability for Trump.” But even if Trump dodges prosecution now, nothing will stop the Biden DOJ, based on its review of the law and facts, from prosecuting Trump for inciting the riot.
And Biden’s attorney general pick Merrick Garland condemned Wednesday’s riots and noted that today’s priorities, “from ensuring racial equity in our justice system to meeting the evolving threat of violent extremism,” are ones that he will be devoted.
The other recent reason is illegal election interference — specifically, Trump’s January phone call to Georgia Secretary of State Brad Raffensperger in which the president asked him to “find 11,780 votes” to change the outcome of the presidential vote in the state.
Back in 2017, the Washington Post reported that Trump consulted with his advisors on the legal authority to self-pardon when he was under investigation by Special Counsel Robert S. Mueller III as part of the Russia probe.
https://www.brennancenter.org/our-work/ ... -explained
6 Sep 2023 12:25 am
The downside of pardons for Trump
Herein lies the downside for President Trump in any pardons he might grant.
Should Congress or the Justice Department seek to determine whether the president or any of his associates acted criminally before or during Trump’s term as president, pardoned individuals would be limited in their ability to dodge questions by claiming their Fifth Amendment privilege. The broader the pardon, the narrower the Fifth Amendment protection.
Roger Stone, for example, after being pardoned for the crime of impeding a congressional investigation could not invoke the Fifth Amendment to avoid answering narrowly focused questions regarding this illegal activity.
His privilege would, however, remain with respect to other possible crimes, and he might even be able avoid answering questions about the lies he told Congress if his answers might help prosecutors prove him guilty of different crimes.
By contrast, the terms of Michael Flynn’s pardon render him unable to claim the Fifth Amendment in any proceedings exploring Russia’s involvement in the 2016 election. If Trump issued similarly broad or broader pardons to members of his family or closest allies, they too could be required to tell more of what they did and know.
Although truthful testimony might shame a witness or open Trump or others up to suits for civil damages, these considerations cannot support Fifth Amendment claims.
Also, with criminal prosecutions off the table, Congress or the Justice Department, perhaps acting through special counsel, might be more rather than less willing to explore the possible crimes and bad acts of Trump and his associates.
Even if illegal behavior were uncovered, the DOJ would not be in a situation where it felt it had to bring charges that might unacceptably exacerbate political divisions or result in trials where juries did not convict.
To a degree determined by the scope of Trump’s pardons, recipients could be required to flesh out details about crimes for which they had been pardoned, perhaps implicating others whose involvement had gone undetected. If they then lied to avoid shaming themselves or to protect others, they could be tried for that crime.
https://www.brookings.edu/articles/pres ... for-trump/
In the 1915 case of Burdick v. U.S., George Burdick refused a pre-emptive pardon issued by Woodrow Wilson because accepting it would have meant that he could not claim his Fifth Amendment privilege when called to give testimony relating to the pardoned crime before a grand jury.The broader the pardon, the narrower the Fifth Amendment protection.
Herein lies the downside for President Trump in any pardons he might grant.
Should Congress or the Justice Department seek to determine whether the president or any of his associates acted criminally before or during Trump’s term as president, pardoned individuals would be limited in their ability to dodge questions by claiming their Fifth Amendment privilege. The broader the pardon, the narrower the Fifth Amendment protection.
Roger Stone, for example, after being pardoned for the crime of impeding a congressional investigation could not invoke the Fifth Amendment to avoid answering narrowly focused questions regarding this illegal activity.
His privilege would, however, remain with respect to other possible crimes, and he might even be able avoid answering questions about the lies he told Congress if his answers might help prosecutors prove him guilty of different crimes.
By contrast, the terms of Michael Flynn’s pardon render him unable to claim the Fifth Amendment in any proceedings exploring Russia’s involvement in the 2016 election. If Trump issued similarly broad or broader pardons to members of his family or closest allies, they too could be required to tell more of what they did and know.
Although truthful testimony might shame a witness or open Trump or others up to suits for civil damages, these considerations cannot support Fifth Amendment claims.
Also, with criminal prosecutions off the table, Congress or the Justice Department, perhaps acting through special counsel, might be more rather than less willing to explore the possible crimes and bad acts of Trump and his associates.
Even if illegal behavior were uncovered, the DOJ would not be in a situation where it felt it had to bring charges that might unacceptably exacerbate political divisions or result in trials where juries did not convict.
To a degree determined by the scope of Trump’s pardons, recipients could be required to flesh out details about crimes for which they had been pardoned, perhaps implicating others whose involvement had gone undetected. If they then lied to avoid shaming themselves or to protect others, they could be tried for that crime.
https://www.brookings.edu/articles/pres ... for-trump/
6 Sep 2023 12:31 am
The president of the United States is authorized by the U.S. Constitution to grant a pardon for a federal crime. The other forms of the clemency power of the president are commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States.[
Under the Constitution, the president's clemency power extends to all federal criminal offenses, except in cases of impeachment. All requests for executive clemency for federal offenses are normally directed to the Office of the Pardon Attorney in the U.S. Department of Justice for investigation and review, but the president may bypass that office.
The Constitution grants the president the power to pardon "offenses against the United States". An offense that violates state law, but not federal law, is an offense against that state rather than an offense against the United States; however, the Supreme Court has never ruled on this matter or in the President's power to grant a habeas corpus petition for a state offense where it has been denied by a federal court.
The full extent of a president's power to pardon has not been fully tested; according to dicta in Ex parte McCardle it is absolute. Pardons have been used for presumptive cases, such as when President Gerald Ford pardoned Richard Nixon, who had not been charged with anything, over any possible crimes connected with the Watergate scandal, but the Supreme Court has never considered the legal effect of such pardons.
There is disagreement about how the pardon power applies to cases involving obstructions of an impeachment. Also, the ability of a president to pardon themselves (self-pardon) has never been tested in the courts, because, to date, no president has ever taken that action.
https://en.wikipedia.org/wiki/Federal_p ... mpeachment.
Under the Constitution, the president's clemency power extends to all federal criminal offenses, except in cases of impeachment. All requests for executive clemency for federal offenses are normally directed to the Office of the Pardon Attorney in the U.S. Department of Justice for investigation and review, but the president may bypass that office.
The Constitution grants the president the power to pardon "offenses against the United States". An offense that violates state law, but not federal law, is an offense against that state rather than an offense against the United States; however, the Supreme Court has never ruled on this matter or in the President's power to grant a habeas corpus petition for a state offense where it has been denied by a federal court.
The full extent of a president's power to pardon has not been fully tested; according to dicta in Ex parte McCardle it is absolute. Pardons have been used for presumptive cases, such as when President Gerald Ford pardoned Richard Nixon, who had not been charged with anything, over any possible crimes connected with the Watergate scandal, but the Supreme Court has never considered the legal effect of such pardons.
There is disagreement about how the pardon power applies to cases involving obstructions of an impeachment. Also, the ability of a president to pardon themselves (self-pardon) has never been tested in the courts, because, to date, no president has ever taken that action.
https://en.wikipedia.org/wiki/Federal_p ... mpeachment.
6 Sep 2023 7:36 am
razoo » 06 Sep 2023, 12:19 am » wrote: ↑ The Constitution gives the president the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
” When it comes to reducing our prison populations, we’ve argued that this power should be used more frequently as a vital mechanism of mercy, tempering the often harsh, racist, and inequitable effects of our criminal legal system.
But the pardon power also comes with the risk of abuse. Never has this been more apparent than under President Trump, who has used it to grant clemency to people convicted of crimes relating to his presidential campaign. And now, Trump is reportedly considering trying to pardon himself for a variety of crimes, which would be unprecedented.
Why is Trump considering pardoning himself?
The most recent reason is his role in inciting the deadly insurrection at the Capitol Wednesday, when he told a crowd of supporters in front of the White House that the election was stolen and instructed them to “walk down to the Capitol” where Congress was counting the Electoral College votes.
The Justice Department said that it was not ruling out charging Trump for inciting a riot, with the U.S. attorney in Washington saying, “All options are on the table. … We will look at every actor and all criminal charges.”
Since making that statement, the DOJ has softened its position, with one official calling it a “moonshot” that “there’s any hook for criminal liability for Trump.” But even if Trump dodges prosecution now, nothing will stop the Biden DOJ, based on its review of the law and facts, from prosecuting Trump for inciting the riot.
And Biden’s attorney general pick Merrick Garland condemned Wednesday’s riots and noted that today’s priorities, “from ensuring racial equity in our justice system to meeting the evolving threat of violent extremism,” are ones that he will be devoted.
The other recent reason is illegal election interference — specifically, Trump’s January phone call to Georgia Secretary of State Brad Raffensperger in which the president asked him to “find 11,780 votes” to change the outcome of the presidential vote in the state.
Back in 2017, the Washington Post reported that Trump consulted with his advisors on the legal authority to self-pardon when he was under investigation by Special Counsel Robert S. Mueller III as part of the Russia probe.
https://www.brennancenter.org/our-work/ ... -explained
“Show me the man and I’ll find you the crime”
LAVRENTIY BERIA 
6 Sep 2023 7:52 am
6 Sep 2023 8:13 am
Do you know what's hilarious ....razoo » 06 Sep 2023, 12:19 am » wrote: ↑ The Constitution gives the president the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
” When it comes to reducing our prison populations, we’ve argued that this power should be used more frequently as a vital mechanism of mercy, tempering the often harsh, racist, and inequitable effects of our criminal legal system.
But the pardon power also comes with the risk of abuse. Never has this been more apparent than under President Trump, who has used it to grant clemency to people convicted of crimes relating to his presidential campaign. And now, Trump is reportedly considering trying to pardon himself for a variety of crimes, which would be unprecedented.
The more you idiots attack Trump like this the more popular he becomes ......and even more voters will pivot towards him ......
African Americans are now pivoting towards him like never before ....
Hispanics are now pivoting towards him like never before ...
Etc....
It seems that you and your ilk can no longer fool America anymore with your Trumped up witch hunts, lies and anti-Trump political punditry. ...
and if that's the case ....
you and your ilk are done.
6 Sep 2023 9:58 am
Trump is a minority just the like anti American Fake Republican Party..........
Trump is a goner so is Fascist DeSantis ...........
Trump is a goner so is Fascist DeSantis ...........
6 Sep 2023 10:02 am
If you believe that, why are you so obsessed?razoo » 06 Sep 2023, 9:58 am » wrote: ↑ Trump is a minority just the like anti American Fake Republican Party..........
Trump is a goner so is Fascist DeSantis ...........
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