HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Martin68 » Journal
Page: 1

Martin68

Profile Information

Name: Martin Johnson
Gender: Do not display
Home country: U.S.A.
Current location: Charlottesville, VA
Member since: Tue Jun 8, 2010, 02:30 PM
Number of posts: 16,915

About Me

Martin Johnson Charlottesville, VA

Journal Archives

It might not be so simple for Trump to pardon his children and Giuliani

Good article on the presidential pardon power in the Washington Post. While both Nixon and Reagan administration officials were given blanket pardon, neither was challenged in court. There is good reason to believe the Supreme Court might no allow Trump blanket pardons if they are challenged in court.

"...based on the Framersí original understanding of the pardon authority, the better reading is that, while the pardon power grants the president expansive authority, that power is not unlimited. Most importantly, the Framers would have understood that pardons must be issued for specific crimes. They were not intended to be broad grants of immunity, get-out-of-jail-free cards bestowed by presidential grace.

In the case of his family and personal lawyer, such a list might prove embarrassing to the president ó and edifying to the public. In this way, specificity raises the political costs of issuing such pardons. It also reduces the pardonís effectiveness. Should a relevant offense be left off the list, the pardonís recipient would be vulnerable to prosecution.

The Supreme Court has never ruled on the specificity requirement, and the question of the validity of any blanket pardon by Trump would come up only if a federal prosecutor seeks to indict a pardon recipient who raises the pardon as a barrier to prosecution.
But if the issue were to arise, there is a significant possibility that a court, dominated by self-identified originalists, would invalidate the use of blanket pardons. This possibility should make Trump pause before offering such pardons to friends and family. But it also leaves him in a bind. Should he attempt to specify each and every federal crime committed by his children or lawyer? Or is that a gift too costly even for Trump to consider?"

https://www.washingtonpost.com/opinions/2020/12/03/trump-blanket-pardons-children-giuliani-law/
Go to Page: 1