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re: Can the President pardon someone for a felony?

Posted on 12/3/17 at 7:17 pm to
Posted by Blizzard of Chizz
Member since Apr 2012
19127 posts
Posted on 12/3/17 at 7:17 pm to
quote:


Really I thought Nixon fired his.

Quick Google search also reveals he can. Not much POTUS cannot do.





This is the language in the current statute...

quote:

The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for their removal.


Trump does not have the legal authority to fire him.
Posted by Engineer22
Member since Nov 2012
1915 posts
Posted on 12/3/17 at 7:25 pm to
Can he or can't he? He can and would if something bad were headed his way.
Posted by cajunandy
New Orleans
Member since Nov 2015
675 posts
Posted on 12/3/17 at 7:32 pm to
are citing United States Code (USC) or Code of Federal Regulations (CFR)?
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 12/3/17 at 7:47 pm to
quote:

Yeah he can, but good fricking luck with the press and Congress not destroying your arse on it.
How is that different from what is already happening?

quote:

hen he will be impeached and kicked out of office.
What for?
Posted by Blizzard of Chizz
Member since Apr 2012
19127 posts
Posted on 12/3/17 at 7:51 pm to
That is the statute pertaining to the appointment of special counsels. It very plainly states who can appoint them and who can fire them. No where does it give the president any authority to fire them. It is very specific in that it gives the Ag the sole authority to appoint them and the sole authority to fire them. Its not a very long statute if anyone cares to read it for themselves.

28 CFR 600.7 Conduct and Accountably part (d)

LINK
This post was edited on 12/3/17 at 7:57 pm
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 12/3/17 at 7:56 pm to
Doesn't change the fact that if the president wants the SC gone, he can make him gone
Posted by Blizzard of Chizz
Member since Apr 2012
19127 posts
Posted on 12/3/17 at 8:00 pm to
quote:

Doesn't change the fact that if the president wants the SC gone, he can make him gone



He can want him gone all day long, but Rosenstein is the only one that can fire him. Rosenstein is not a Trump appointee. Rosenstein is also the one that appointed a sc to begin with. Take all of those factors into account and you’ll understand why Muller is still there. Trump can’t fire him and Rosenstein damn sure isnt going to fire him.
Posted by Engineer22
Member since Nov 2012
1915 posts
Posted on 12/3/17 at 8:04 pm to
Exactly Trump could apologize tomorrow and the media would still crucify him. He doesn't care about the consequences.
This post was edited on 12/3/17 at 8:05 pm
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 12/3/17 at 8:04 pm to
quote:

Rosenstein is not a Trump appointee. Rosenstein is also the one that appointed a sc to begin with. Take all of those factors into account and you’ll understand why Muller is still there. Trump can’t fire him and Rosenstein damn sure isnt going to fire him.
First of all, Rosenstein is a Trump appointee, and Trump can fire him anytime he wants to.
Posted by Engineer22
Member since Nov 2012
1915 posts
Posted on 12/3/17 at 8:08 pm to
And Trump hasn't fired RR's boss either even though he has been critical of him on Twitter. This also tells me there is more going on behind the scenes. Trump may be the target for the left, but he isn't for this investigation.
Posted by Blizzard of Chizz
Member since Apr 2012
19127 posts
Posted on 12/3/17 at 8:09 pm to
You are right. It was Sally Yates who was the Obama appointee, and it was Rosenstein who replaced her. Still doesnt change the language of the statute. Trump can’t fire Muller, only the Ag can or in this case Rosenstein because of Sessions recusal. If you can point me to a statue that says otherwise, im happy to discuss it.
Posted by Cali 4 LSU
GEAUX TIGERS!
Member since Sep 2007
6507 posts
Posted on 12/3/17 at 8:09 pm to
quote:

Yeah he can, but good fricking luck with the press and Congress not destroying your arse on it. Gerald Ford pardoned Richard Nixon and Bill Clinton pardoned Marc Rich. If he pardons someone like Flynn at this point in his Presidency, then he will be impeached and kicked out of office. It’s a virtual certainty.


Flynn, to me, is a double edged sword. I absolutely think he should be pardoned for what he plead to and for lobbying since others have gotten away with it. On the other hand, I can't stand our policy makers being influenced to benefit other countries, which is why I hated Hillary.
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 12/3/17 at 8:12 pm to
quote:

Trump can’t fire Muller, only the Ag can or in this case Rosenstein because of Sessions recusal.
I never said otherwise. What I did say was that Trump could order Rosenstein to fire Mueller. If Rosenstein won't, Trump fires him and appoints someone who will. Have you never heard of the Saturday night massacre?
Posted by Blizzard of Chizz
Member since Apr 2012
19127 posts
Posted on 12/3/17 at 8:14 pm to
I know that statute blows up the narrative from the left that Trump will become desperate and fire Muller if the heat gets to close to him, but it says what it says.
Posted by DallasTiger11
Los Angeles
Member since Mar 2004
11823 posts
Posted on 12/3/17 at 8:14 pm to
Trump can fire Rosenstein and every single replacement until someone steps in and agrees to fire Mueller.

So if he really wants Mueller gone, he’s gone.
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 12/3/17 at 8:17 pm to
quote:

I absolutely think he should be pardoned for what he plead to and for lobbying since others have gotten away with it.
That's a pretty awful approach to crime and punishment and I'd be willing to bet you'd only apply it to people who share your political leanings
Posted by Blizzard of Chizz
Member since Apr 2012
19127 posts
Posted on 12/3/17 at 8:19 pm to
quote:

Have you never heard of the Saturday night massacre?




And did you know that the firing of the sc as a result of the Saturday night massacre was ruled illegal in Nader vs Bork?

LINK
This post was edited on 12/3/17 at 8:21 pm
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 12/3/17 at 8:20 pm to
quote:

know that statute blows up the narrative from the left that Trump will become desperate and fire Muller if the heat gets to close to him, but it says what it says.
That's great and everything, but the statute isn't the be all end all of the hypothetical situation. Trump wants Mueller gone, Mueller gone. Period.
Posted by rooster108bm
Member since Nov 2010
2914 posts
Posted on 12/3/17 at 8:24 pm to
quote:


I know that statute blows up the narrative from the left that Trump will become desperate and fire Muller if the heat gets to close to him, but it says what it says


If that statute takes away a power the President is given by the Constitution it is not worth the paper it's printed on. Cfpb should ring a bell.
Posted by TheSearchers
Member since Oct 2017
119 posts
Posted on 12/3/17 at 8:28 pm to
quote:

POTUS cannot, by definition, obstruct justice


Tell that to Richard Nixon
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