Article II Section 2 of the Constitution states that the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
According to English common law, which was the law and legal definitions understood by all thirteen of the original colonies that became the first states, a pardon is an act of clemency by one person in authority to another. By definition it is not an act towards oneself.
Further, even this section of the Constitution does not state that the president has the “power to pardon,” but that the president “shall have power to grant reprieves and pardons” — not that it is not an act of pardon directly, but a GRANT of pardon. A grant is a gift to another person. One does not GRANT something to oneself.
Thus by both the definition of the word “pardon” under common law definitions as understood by the Founders, and thus their legal intent, AND by the wording that the act is not to pardon but to GRANT (to give to another) a pardon, the clear wording of the Constitution is that a president CAN NOT PARDON HIMSELF.
No originalist or textualist who is true to their self-described judicial philosophy could interpret the Constitution otherwise.
If Trump wants a pardon, he may have to LET THE TURKEY (Mike Pence, all white meat) PARDON HIM. This would require that he resign, give Pence the honor, however briefly, of becoming #46 and pardoning him and let Joe Biden become #47.
There is a lot of pressure growing to put this all behind us, and get on with our lives. In other words, sweep Trump under the rug. I hope this does not happen.
Be a fitting end to the worst presidential term America has endured. If (and he won’t) promises to go away and stay off the tweeter.. it may well be worth it to let him pardon himself.
If he does.. no doubt it will go to the Supreme Court.. and let America (and the world) see just how politicized the justice system has become. Just yesterday we saw a ruling about occupancy in churches.. that mirrors trumps wishes.
There’s no excuse for you. You can’t be pardoned for state crimes, so your a$$ is grass and New York is going to be the lawnmower. Unless you flee to a country that doesn’t have an extradition treaty and you don’t owe them billions of dollars.
I’m not in favor of federal charges against Trump—that smacks too much of political payback and it sets a dangerous precedent. But state charges? Great, the more the better.
We should remember, there are members of trump’s cabinet who may be a risk of criminal charges. Wouldn’t it be delightful to see some of the fine fellows in the docket?
While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction. You can count on the Conman in Chief to pardon himself and let SCOTUS decide if it’s allowed. I can just see Rudy arguing Trump’s case before the court. The “deep state radical left democrates” were so mean to him defense. Rudy will need to break out his powered wig instead of another bad dye job. He’ll bill Trump $100k a day for his double extra expert lawyer-ing.
DD Wiz Premium Member over 3 years ago
Article II Section 2 of the Constitution states that the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
According to English common law, which was the law and legal definitions understood by all thirteen of the original colonies that became the first states, a pardon is an act of clemency by one person in authority to another. By definition it is not an act towards oneself.
Further, even this section of the Constitution does not state that the president has the “power to pardon,” but that the president “shall have power to grant reprieves and pardons” — not that it is not an act of pardon directly, but a GRANT of pardon. A grant is a gift to another person. One does not GRANT something to oneself.
Thus by both the definition of the word “pardon” under common law definitions as understood by the Founders, and thus their legal intent, AND by the wording that the act is not to pardon but to GRANT (to give to another) a pardon, the clear wording of the Constitution is that a president CAN NOT PARDON HIMSELF.
No originalist or textualist who is true to their self-described judicial philosophy could interpret the Constitution otherwise.
If Trump wants a pardon, he may have to LET THE TURKEY (Mike Pence, all white meat) PARDON HIM. This would require that he resign, give Pence the honor, however briefly, of becoming #46 and pardoning him and let Joe Biden become #47.
RAGs over 3 years ago
I thought that the president can only pardon someone after the verdict, he hasn’t been tried yet…
jimchronister2016 over 3 years ago
Now their’s a Turkey that deserves to have his head cut off.
FrankErnesto over 3 years ago
There is a lot of pressure growing to put this all behind us, and get on with our lives. In other words, sweep Trump under the rug. I hope this does not happen.
Masterskrain over 3 years ago
BUT that “power” does NOT cover STATE CRIMES, like the Ones the State of New York is going to charge him with on Jan. 21, 2021!
morningglory73 Premium Member over 3 years ago
Bigliest turkey of all.
artmer over 3 years ago
Not so fast there, lame-o
Alberta Oil Premium Member over 3 years ago
Be a fitting end to the worst presidential term America has endured. If (and he won’t) promises to go away and stay off the tweeter.. it may well be worth it to let him pardon himself.
Alberta Oil Premium Member over 3 years ago
If he does.. no doubt it will go to the Supreme Court.. and let America (and the world) see just how politicized the justice system has become. Just yesterday we saw a ruling about occupancy in churches.. that mirrors trumps wishes.
amethyst52 Premium Member over 3 years ago
There’s no excuse for you. You can’t be pardoned for state crimes, so your a$$ is grass and New York is going to be the lawnmower. Unless you flee to a country that doesn’t have an extradition treaty and you don’t owe them billions of dollars.
lonecat over 3 years ago
I’m not in favor of federal charges against Trump—that smacks too much of political payback and it sets a dangerous precedent. But state charges? Great, the more the better.
T Smith over 3 years ago
That is NOT how you draw a jackass.
Groucho & Redd Panda over 3 years ago
We should remember, there are members of trump’s cabinet who may be a risk of criminal charges. Wouldn’t it be delightful to see some of the fine fellows in the docket?
“Cry Havoc! Let slip the Dogs of Law!”
Bookworm over 3 years ago
Mr. Turkey, Stuff it!
michaeljwolff over 3 years ago
Should be a chicken.
Ally2005 over 3 years ago
While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction. You can count on the Conman in Chief to pardon himself and let SCOTUS decide if it’s allowed. I can just see Rudy arguing Trump’s case before the court. The “deep state radical left democrates” were so mean to him defense. Rudy will need to break out his powered wig instead of another bad dye job. He’ll bill Trump $100k a day for his double extra expert lawyer-ing.
Radish the wordsmith over 3 years ago
Where is the Red Queen when you need her?
Diamond Lil over 3 years ago
Well, he IS a turkey!!
ferddo over 3 years ago
Need to be guilty to be pardoned – Trump is admitting guilt!
ragsarooni Premium Member over 3 years ago
How’s about he pardons PETE ROSE?!!! ;-)
grumpypophobart over 3 years ago
Well good for you Donny. However, millions of others won’t ever pardon you.