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Doesn't Trump have Constitutional authority

Posted on 6/7/17 at 9:15 pm
Posted by dunkelman
shreveport
Member since Oct 2005
1374 posts
Posted on 6/7/17 at 9:15 pm
To pardon Flynn? If so, isn't it OK to tell Comey he "hopes" the investigation will go away.

I'm an attorney and this obstruction of justice BS is just that. If you put guilty on your criminal law 1 test answer, you would never see criminal law 2.

Propaganda pure and simple.
Posted by The Baker
This is fine.
Member since Dec 2011
16160 posts
Posted on 6/7/17 at 9:17 pm to
(no message)
This post was edited on 1/10/21 at 6:47 pm
Posted by John McClane
Member since Apr 2010
36666 posts
Posted on 6/7/17 at 9:22 pm to
Yes. Which is why Trump requesting Comey to back off the Flynn perjury investigation is a non-starter. Simply put it would be a waste of resources.
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 6/7/17 at 9:22 pm to
quote:

To pardon Flynn? If so, isn't it OK

Swamp question bro

If he wants to pardon someone he should sack up and pardon them like an alpha boss, not perform some backdoor swamp maneuver
Posted by KosmoCramer
Member since Dec 2007
76476 posts
Posted on 6/7/17 at 9:23 pm to
Emotional obstruction of justice
Posted by skiptumahloo
Member since Mar 2017
714 posts
Posted on 6/7/17 at 9:23 pm to
quote:

I'm an attorney


Trump's attorney claimed with a straight face that it was impossible in the eyes of the law to rape your spouse. Lucky for you, there is no IQ test required to be a lawyer.
Posted by TuDog
Boston
Member since Jun 2005
4150 posts
Posted on 6/7/17 at 9:24 pm to
The entire thing is a joke. Just watch Comey testify.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17127 posts
Posted on 6/7/17 at 9:25 pm to
Constitution? That old butt rag? That scrap of parchment those lessor mortals fought and died for?

(sarcasm veterans, pure sarcasm. appreciate every single one of you! even appreciate those veterans who vote the wrong way every damned time )
Posted by TigerDoc
Texas
Member since Apr 2004
9894 posts
Posted on 6/7/17 at 9:27 pm to
quote:

When it was considering the impeachment of Richard Nixon, the House Judiciary Committee concluded that “high crimes” meant something broader than offenses listed in the criminal code. The concept of impeachment was largely lifted by the Founders from English law, which Edmund Burke explained to Parliament meant that “statesmen, who abuse their power” will be accused and tried by fellow statesmen “not upon the niceties of a narrow jurisprudence, but upon the enlarged and solid principles of state morality.”


Seem to be passing this out to attorneys tonight.

To answer your question, yes he could pardon Flynn. It would also be an abuse of power.
This post was edited on 6/7/17 at 9:30 pm
Posted by UHTiger
Member since Jan 2007
5231 posts
Posted on 6/7/17 at 9:28 pm to
At the time trump raped his wife, there was no spousal rape law in New York, so trumps attorney was 100% correct.
Posted by dunkelman
shreveport
Member since Oct 2005
1374 posts
Posted on 6/7/17 at 9:30 pm to
Not saying he should pardon. Just saying wanting to put the BS muh Russia narrative to bed so he can MAGA isn't a crime.
Posted by skiptumahloo
Member since Mar 2017
714 posts
Posted on 6/7/17 at 9:31 pm to
quote:

At the time trump raped his wife, there was no spousal rape law in New York, so trumps attorney was 100% correct.


Actually, you're 100% wrong.
Posted by UHTiger
Member since Jan 2007
5231 posts
Posted on 6/7/17 at 9:33 pm to
The ability of a politician (president, governor) to issue a pardon does not make it okay for said politician to try to influence an investigation.

There should be an investigation, there should be a trial, and if found guilty, there should be a sentence including jail time.

A pardon does not eradicate a conviction. For example of Flynn were to be charged and convicted, even if trump pardons him, he is still a convicted felon. I am not sure how this would affect his benefits and such.

But just because ultimately he might be pardoned does NOT grant a politician impunity to interfere with the investigation. Besides, I'd say Flynn weren't convicted until 2020, trump won't be around to pardon him. It is still obstruction.

Your legal analysis is severely lacking.
Posted by dunkelman
shreveport
Member since Oct 2005
1374 posts
Posted on 6/7/17 at 9:36 pm to
Then why wasn't Ford impeached for pardoning Nixon? Is I'm not a legitimate use of power to put the past to bed so that we can move forward and fix the many problems this country has?

Or is it better to handcuff the democratically elected with BS allegations and narratives?

Elections have consequences -- unless of course you are so un-American that you won't accept the results of a democratic election.
Posted by antibarner
Member since Oct 2009
23710 posts
Posted on 6/7/17 at 9:36 pm to
So the Obama Administration clearly interfering in the Congressional investigations of the IRS, Fast and Furious, Benghazi AND Hillary's e mails (tarmac) is just fine?
This post was edited on 6/7/17 at 9:38 pm
Posted by dunkelman
shreveport
Member since Oct 2005
1374 posts
Posted on 6/7/17 at 9:40 pm to
A pardon can be granted before a conviction. Was your dumb arse even alive when Ford pardoned Nixon? Wouldn't such a pardon, by your definition, interfere with an investigation? It would f'ing end the investigation.
Posted by AUstar
Member since Dec 2012
16989 posts
Posted on 6/7/17 at 9:41 pm to
It seems to me that the president has the authority to tell the FBI what they should and shouldn't investigate. The FBI works "at the pleasure of the president" (that's how it's written in the statute). The law (to my knowledge) says nothing about how the president is to interact with the FBI. The agency is completely under his control.

So how do we keep the president in check and ensure he isn't misusing the FBI? Good question. Congress certainly has the authority to investigate and impeach if necessary. But Congress is hardly an impartial body. One party would impeach the president of the other party at the drop of a hat. We saw it with Clinton in 1998 and we're seeing it today with Trump.

So how do we get an independent body to investigate the president? There isn't a way under current law to my knowledge. The special counsel is appointed by the AG and the AG is appointed by the president. This means the special counsel would essentially be investigating his boss. Congress no longer has the authority to appoint special counsels and that was by their OWN design (they let the law expire after Clinton was impeached).

So it seems it is solely up to Congress to hold hearings and call witnesses, etc.

I am not a lawyer, so someone please correct me if I am wrong.
Posted by TigerDoc
Texas
Member since Apr 2004
9894 posts
Posted on 6/7/17 at 10:58 pm to
quote:

Then why wasn't Ford impeached for pardoning Nixon? Is I'm not a legitimate use of power to put the past to bed so that we can move forward and fix the many problems this country has? Or is it better to handcuff the democratically elected with BS allegations and narratives? Elections have consequences -- unless of course you are so un-American that you won't accept the results of a democratic election.


I don't disagree regarding elections. In fact, I'd say that one of the primary reasons Gerald Ford lost to Jimmy Carter in 1976 is because the American people weren't happy with his pardon of Nixon and held him responsible.

Trump pardoning Flynn would be an abuse of power because it may come with a quid pro quo. It's quite possible that Flynn could implicate Trump himself. Nixon, on the other hand had nothing on Gerald Ford.

If Nixon pardoned Hunt, Liddy, Haldeman et al, it only would've only accelerated his downfall. If Trump was to pardon Flynn, it would only increase pressure on Congress to reign him in.
This post was edited on 6/7/17 at 11:01 pm
Posted by dunkelman
shreveport
Member since Oct 2005
1374 posts
Posted on 6/7/17 at 11:07 pm to
Bush pardoned Casper Weinberger et al. on the eve of trial that could have implicated Bush. He has constitutional authority to pardon. The excercise of that authority cannot be a crime because making it a crime would be in itself unconstitutional. It might not have been smart to pardon Flynn, but he didn't do that. All he did was say this whole investigation into Flynn and muh Russians is a political attack that is interfering with the agenda that the people voted for. That is what Comey briefed Trump about on 1/6/17. Asking Comey to let the country move past the BS narrative and obstructionism isn't a crime.
This post was edited on 6/7/17 at 11:09 pm
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35361 posts
Posted on 6/7/17 at 11:17 pm to
quote:

Doesn't Trump have Constitutional authority
To pardon Flynn?
He has the authority to pardon Flynn, but it would be considered an obstruction of justice. There are a lot of Constitutional powers that could go afoul of the law if they are misused.
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