Pardon Power Under Impeachment

[TinCup]

How does the impeachment impact the ability to pardon?

[The Velveteen Ocelot]

1. It doesn't. He's still the president until the 20th (unfortunately).

Bill Clinton pardoned 33 people on December 23, 1998, after he had been impeached by the House on the 19th. There was never any question about the validity of these pardons.

[elleng]

2. The pardon power embraces all "offences against the United States," except cases of impeachment.

The President cannot pardon by anticipation, or he would be invested with the power to dispense with the laws, King James II’s claim to which was the principal cause of his forced abdication.283

https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-1/pardons-and-reprieves

[Wellstone ruled]

3. Know one knows the true

validity. These Pardons have not be run up the legal Flag Pole of Justice. After last week,you can bet the farm that the Supreme Court will here a couple of these pardons down the road.

[The Velveteen Ocelot]

5. The only unresolved question is whether a self-pardon is valid (it probably isn't).

Otherwise there is no question about the validity of pardons. Presidents have unlimited power to pardon others, even while the impeachment process is occurring, unless and until he is convicted by the Senate and removed from office. The Supreme Court will not review any pardons other than a self-pardon, if that happens and Trump is prosecuted. Even a pardon granted for corrupt purposes remains valid and can't be revoked, but the underlying corrupt purpose could be criminal.

[Wellstone ruled]

6. True,because that has never happened.

Toss in the fact that this time we have a Impeached POS who might be going that route.

[euphorb]

4. There's been a lot of confusion about this.

The confusion stems from a misreading of the constitutional provision that the president can pardon all offenses against the United "except in cases of impeachment." All that means is that a president cannot undo an impeachment of anyone by a pardon. It does not otherwise limit his or her pardon power.