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re: Doesn't Trump have Constitutional authority

Posted on 6/7/17 at 11:21 pm to
Posted by TigerDoc
Texas
Member since Apr 2004
9902 posts
Posted on 6/7/17 at 11:21 pm to
Maybe that would've worked had he pardoned Flynn quickly, but Trump's own DAG, Rosenstein, named a special prosecutor over this matter and it's ongoing (and Federal special prosecutions average longer than 3 years). He could technically shut that down too like Nixon did in the Saturday Night Massacre, but despite Nixon's "when the President does it, it's not illegal" approach to executive power, it only made things worse for him with regard to pressure on Congress to impeach.

Bush, on the other hand, pardoned the Iran Contra 6 at the last minute. I'd also argue that that was also an abuse of power too, but it's clear that what amounts to an impeachable abuse of power as well as other "high crimes and misdemeanors" are ultimately political.

What's a crime for the president comes down to Congressional votes.
Posted by AUstar
Member since Dec 2012
17019 posts
Posted on 6/7/17 at 11:22 pm to
quote:

He has the authority to pardon Flynn, but it would be considered an obstruction of justice


That is false.

quote:

What's a crime for the president comes down to Congressional votes.


This is true.
This post was edited on 6/7/17 at 11:23 pm
Posted by dunkelman
shreveport
Member since Oct 2005
1374 posts
Posted on 6/7/17 at 11:23 pm to
OK. Cite me to statute or case that says that. This is how criminal law works. The legislature passes a law making specific acts crimes. It's a crime based upon the words of a statute not me cause McGrath says so. So quote the law or STFU.

Even if there was such a law, would not that law be trumped, so to speak, by the constitutional power to issue pardons?


Posted by dunkelman
shreveport
Member since Oct 2005
1374 posts
Posted on 6/7/17 at 11:28 pm to
So if I tell a cop "I sure hope you don't give my former employee a speeding ticket," I have obstructed justice? Look at the words of the statute so you won't make stupid posts.
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35391 posts
Posted on 6/7/17 at 11:32 pm to
quote:

Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator


ETA: also:
quote:

Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
(1) influence, delay, or prevent the testimony of any person in an official proceeding;
(2) cause or induce any person to—
(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding
This post was edited on 6/7/17 at 11:36 pm
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35391 posts
Posted on 6/7/17 at 11:33 pm to
quote:

So if I tell a cop "I sure hope you don't give my former employee a speeding ticket," I have obstructed justice? Look at the words of the statute so you won't make stupid posts.
No. You obviously aren't offering a bribe or abusing power.
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
26958 posts
Posted on 6/7/17 at 11:44 pm to
quote:

Then why wasn't Ford impeached for pardoning Nixon?


He wasn't impeached, but it sure as hell contributed to his defeat in 1976.
Posted by BamaChick
Terminus
Member since Dec 2008
21393 posts
Posted on 6/8/17 at 3:17 am to
quote:

So if I tell a cop "I sure hope you don't give my former employee a speeding ticket," I have obstructed justice? Look at the words of the statute so you won't make stupid posts.


Do you have the authority and power to fire the cop if they don't do what you want?
Posted by Hooligan's Ghost
Member since Jul 2013
5187 posts
Posted on 6/8/17 at 5:15 am to
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