Some People Just Don't Think Things Throught: Trump, Pardons, and Indictments

[cahwyguy]

The Internet-verse has been filled today with commentary about Trump’s statement that he can pardon himself but he won’t, and how this is such a miscarriage of Presidential power and such. I call Bullshit. Most of these folks don’t understand what the Constitution actually says; they are pontificating based on what they think it says or what they want it to say. A few points of clarification, based on my admittedly limited knowledge in these areas:

• The only thing the Constitution prohibits the President from doing is pardoning from impeachment. It also restricts the pardon to be for Federal crimes.
• Whether the President can pardon himself has never actually been tested. Presidents before have followed normal behavior and haven’t run into this.
• Whether the President cannot be indicted while in office has never actually been tested. Presidents before have followed normal behavior and haven’t run into this.
• However, what is clear is that even if the President does pardon himself, he can still be impeached and removed from office. Impeachment and removal is a pretty bad stain on one’s reputation, even with a pardon.
• If the President does pardon himself, that is an implicit admission that something was done for which a pardon was required, increasing the likelihood of removal from office.
• If there is enough material to indict and convict the President, there is likely enough evidence to get him impeached and removed from office.
• Once removed from office, the President is no longer the chief law enforcement officer and can be indicted and convicted, unless pardoned for the specific crime.
• Once removed from office, the President can be indicted and convicted for state crimes, and can still be subject to civil suits and damages, even if pardoned for Federal crimes.

So, folks, please think things through before pontificating on subjects. Not every statement is what it appears to be.

This entry was originally posted on Observations Along the Road as Some People Just Don't Think Things Throught: Trump, Pardons, and Indictments by cahwyguy. Although you can comment on DW, please make comments on original post at the Wordpress blog using the link to the left. You can sign in with your LJ, DW, FB, or a myriad of other accounts. Note: Subsequent changes made to the post on the blog are not propagated by the SNAP Crossposter; please visit the original post to see the latest version. P.S.: If you see share buttons above, note that they do not work outside of the Wordpress blog.