General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan Trump Pardon Himself? Kavanaugh Won't Say
By ALANA ABRAMSON 12:50 PM EDT
Judge Brett Kavanaugh declined to answer two questions from Democratic senators related to presidential investigations during his confirmation hearing if a president should comply with a subpoena and if he has the ability to self-pardon saying both were hypothetical ...
The question of self-pardons is something Ive never analyzed. Its a question I have not written about. Its a question, therefore, thats a hypothetical question that I cannot begin to answer in this context. In practice, a presidents Constitutional power to pardon is quite broad, but legal experts indicate that a presidential self-pardon would violate a Nixon-era legal principle ...
http://time.com/5387414/kavanaugh-president-subpoena/
struggle4progress
(118,309 posts)By Ariane de Vogue, CNN Supreme Court Reporter
Updated 8:09 AM ET, Sat September 1, 2018
Recently released documents reveal that when Brett Kavanaugh worked for independent counsel Ken Starr investigating President Bill Clinton, he grappled with a key question that currently faces special counsel Robert Mueller and congressional lawmakers: What to do when a president won't rule out a pardon for a critical person in the investigation?
A concern of Starr and Kavanaugh in 1997 was whether Clinton would pardon Susan McDougal, who they wanted to be a witness in their investigation of the Whitewater real estate deal.
In one exchange with Clinton's lawyers, for instance, Starr criticized Clinton for alleging "misconduct" on the part of the independent counsel, and in another he accused the President of attempting to dangle a pardon before McDougal ...
https://www.cnn.com/2018/09/01/politics/kavanaugh-starr-clinton-mueller-trump/index.html
unblock
(52,267 posts)even if kavanaugh thought, and eventually would decide, that a president can't self-pardon (unlike kavanaugh, i'm willing to explore hypotheticals -- even improbable ones!) he can't actually say that at this point because donnie would probably pull his nomination and replace him with someone who thinks otherwise!
in reality, of course, i think donnie's already found someone in kavanaugh who fully supports the notion that a president should basically be a despotic dictator, at least if it's a republican....
i'm just saying that even if that weren't the case, he couldn't honestly answer such a straightforward question because donnie has so screwed up the whole process.
bettyellen
(47,209 posts)He could answer but has excuses to pull for every instance now.