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re: Roberts/SCOTUS needs to address this Trump shite right now
Posted on 12/31/23 at 12:25 am to SlowFlowPro
Posted on 12/31/23 at 12:25 am to SlowFlowPro
quote:You really are eaten up with TDS, aren't you.
A President pardoning himself is interfering directly.
It also likely isn't legal, but, that would take a Supreme Court decision, too.
The language is clear:
"The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment."
No, a pardon is not interference, any more than an appeal is interference. It's the law.
And unless you see some sort of Presidential self-exception in the language, Section 2 is pretty clear about POTUS rights to pardon, especially as impeachment is noted as an exclusion.
Of course, your posit does raise a second question. Subsequent to a pardon, who would bring the case to SCOTUS anyway? The DOJ would immediately drop charges (which IMO will happen in the absence of a pardon). Under those circumstances, who would have standing to bring the case? Congress? Nope. Their avenue is Impeachment. SCOTUS would point out they swung. They missed. They are free to swing again.
I guess a future administration's DOJ could try ignoring the pardon, and bring the case, which would force the issue to SCOTUS?
Depending on composition of the Senate, the most significant impediment to Trump in this whole process would be Congressional approval of an AG. Trump won't give Congress a second bite at the forced AG recusal apple. So it could make for interesting political theater. Aiding Trump would be the fact that after the Merrick Garland's DOJ circus, there'll be ample blood in the water. Trump was far from the only victim of these SOBs, and weaponized law.
This post was edited on 12/31/23 at 2:28 am
Posted on 1/1/24 at 9:24 am to NC_Tigah
quote:
You really are eaten up with TDS, aren't you.
I don't think Trump is guilty of "insurrection", so I don't see how that is possible.
quote:
The DOJ would immediately drop charges
We don't know this. There is an old memo, but no actual law or precedential ruling.
Assuming the Constitutional issues do require a pause, and ignoring the pardon issue (since it's very unclear in the present), they could just resolve the issue by having everyone agree to stay the case until he was out of office, then resume the prosecution once he's out of office in January of 2029.
quote:
I guess a future administration's DOJ could try ignoring the pardon, and bring the case, which would force the issue to SCOTUS?
Assuming the pardon was vali and legal, they could not.
Assuming the pardon was invalid and illegal, they could.
quote:
Depending on composition of the Senate, the most significant impediment to Trump in this whole process would be Congressional approval of an AG.
No. It would be removal by the Senate after another impeachment.
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