Last edited by Tgo01; 06-14-2017 at 08:44 PM.
President is within his constitutional powers to pardon himself; Nixon was debating doing this before shifting it to Ford. Trump knows he's free and clear of any prosecution or even jail time technically by the letter of the law.
But... Prez Pardons only apply to federal crimes. If say Maryland or DC were to sue him for illegal/conflict-of-interest due to his relationship with his businesses, pardoning himself (admission of guilt) will lead to an almost certain victory in the lawsuit. Further, criminal charges can be brought to bear state by state based upon his actions prior to taking office or dealings with his properties.
Erm, SCOTUS has ruled on the Presidential Pardon ability several times. They have every ability to intervene in a Pardon to determine the constitutional issues underlying the ability. (So they can make determinations on how it's used, even though they have no say when it's used properly)
And a pardon is expressly prohibited in cases of impeachment. If a sitting President uses the Pardon pre-preemptively to avoid impeachment, you can bet that it would end up before SCOTUS.
Impeachments are political, you can impeach a President for jaywalking or technically fail to impeach a President for murder if he's extremely popular for some reason. But, if he's going to use pardon power to resolve him of any guilt then the Republicans will all vote to impeach to salvage what's going to remain of the party after the apocalyptic political fallout.
Last edited by hello; 06-14-2017 at 09:32 PM.
You're talking about a preemptive pardon to avoid Impeachment. The Courts are very clear that a law cannot be interpreted in a way that runs counter to its purpose.
To rule that a preemptive pardon of a sitting President BY a sitting President is constitutional would be to interpret the statute in a way that runs counter to its purpose. Remember- accepting a pardon is a legal admission of guilt. So it would be Trump admitting to an impeachable offense in order to avoid impeachment. That's not going to pass muster.