General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan trump be pardoned now that he had been impeached?
Robert Reich and others are posting that because of the phrase in the constitution that reads "except in the case of impeachment", he can no longer be pardoned.
I never read that clause that way, so im curious what others think.
Does that clause in his pardon powers mean he cant be pardoned?
The Velveteen Ocelot
(115,831 posts)that an impeachment can't be undone by a pardon. Pardons are used to relieve the pardonee of the burden of a criminal conviction, which impeachment is not.
lastlib
(23,276 posts)The Senate has the power, upon conviction on impeachment, to disqualify the impeachee (I hope that's a word...if not, I just invented one) from holding any office in the future. The capacity to pardon for an impeachment would effectively neuter that power, and that was emphatically NOT in the Framers' intention.
Shrike47
(6,913 posts)In other words, President Pence couldnt pardon Trumps impeachment.
lastlib
(23,276 posts)eom
hedda_foil
(16,375 posts)That's what Ford did for Nixon. Although I didn't realize it then, the pardon was obviously the price the Republicans paid for getting him to resign quietly instead of fighting it out any further. I have absolutely no doubt that Trump would demand the same quid pro quo and a significant financial payoff (like all government personnel being pushed to stay at Trump hotels) and even then, I can't see him quitting.
eShirl
(18,503 posts)Otto Lidenbrock
(581 posts)In Murphy v. Ford (1975), a Federal District Court in Michigan rejected a suit for a declaratory judgment that President Ford's unconditional pardon of Richard M. Nixon was unconstitutional. The court found that the President had the constitutional power to grant a pre-indictment pardon, citing Ex parte Garland in its support.
https://www.nytimes.com/1988/01/05/opinion/l-constitution-allows-pardons-before-conviction-590688.html
exboyfil
(17,865 posts)In 1980 when he said that Ford could not issue a pre-indictment pardon. It really is an insane power granted by the Founding Fathers.
malthaussen
(17,216 posts)But it's hardly the only stupid law (or precedent) around.
Reminds me of the bishops granting full forgiveness before battle, so that no one will die unshriven.
-- Mal
getagrip_already
(14,828 posts)Only those that occured before the pardon.
We dont issue carte blanche letters.
hedda_foil
(16,375 posts)Srkdqltr
(6,315 posts)getagrip_already
(14,828 posts)Nixon was never charged.... But he was pardoned by ford premptively. A president has broad pardon powers at the federal level; about the only crimes thet cant pardon are future crimes.
But he wasnt impeached either; no full house vote had been taken.
Bev54
(10,070 posts)Some experts say it does mean he can no longer be pardoned and others don't, so it is not so cut and dry. Not sure who to listen to but I will go with what the constitution experts say.
malthaussen
(17,216 posts)Impeachment can't be pardoned. Being impeached does not, however, disallow pardons for other crimes, notional or otherwise.
-- Mal