Schiff Floats Bill To Prevent Trump From Pardoning People For His Own Benefit
Source: Talking Points Memo
By Kate Riga
March 7, 2019 11:59 am
House Intelligence Committee Chairman Adam Schiff (D-CA) introduced legislation Thursday that would block President Donald Trump from abusing his pardon power for his own benefit or to obstruct justice.
The President has a broad power to confer pardons, but not when they are designed to insulate himself, his family and his associates from criminal investigation, Schiff said in a statement announcing the bill. Such an abuse of the pardon power would amount to obstruction of justice and is not countenanced by the constitution.
Schiff said that his legislation would address instances when the president initiates a pardon for an individual linked to an investigation in which the president or a family member is a subject, target or witness. In those instances, the attorney general would be required to submit all evidence against the pardoned individual to Congress.
The House Intelligence Committee Chairman introduced the bill shortly after it was revealed that Cohen reached out to Trumps lawyers about a potential pardon. Rumors of who Trump could or ever has considered pardoning including former chairman Paul Manafort have run rampant over the course of the investigations into the President and his allies, as many suspect Trump will be tempted by the get-out-of-jail-free card.
Read more: https://talkingpointsmemo.com/news/schiff-floats-bill-prevent-trump-pardoning-people
(Short article, no more at link.)
50 Shades Of Blue
(10,011 posts)Bernardo de La Paz
(49,005 posts)unblock
(52,253 posts)I don't mind embarrassing republicans who vote against it or Donnie who would surely veto it if it got that far.
But I don't think it would actually hold up if the Supreme Court ever were to opine on it.
Good policy doesn't mean it's constitutional.
Bernardo de La Paz
(49,005 posts)Could be worded such that pardoning a person involved in a case the President is involved it would become prima facie evidence of Obstruction of Justice and automatic impeachment or some such (not necessarily automatic conviction in the Senate).
The Constitution does provide numerous checks and balances, so I think a way can be found to make Schiff's legislation Constitutional.
Anyway, Schiff is very intelligent and astute. I expect he has thought through your issues.
unblock
(52,253 posts)He is indeed intelligent. But politicians sometimes propose laws knowing they won't be passed or knowing they won't stand up in court.
There's a perfectly reasonable political rationale for proposing this, even if it never becomes law.
Which I suspect is the likely outcome.
And I think Schiff knows this.
appal_jack
(3,813 posts)Article 2 Section 2 of the US Constitution gives the President nearly absolute leeway in granting pardons for Federal crimes, with one important exception: the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."
https://en.wikipedia.org/wiki/Pardon#U.S._Constitution
Schiff is barking up the wrong tree here. Legislation about Pardons won't even pass the Senate, never mind the fact that it will fail to pass Constitutional muster in the courts (with good reason). Instead, Schiff and other Representatives need to bring Articles of Impeachment soon. Doing so only requires action in the House, and once they are filed, Trump cannot pardon anyone related to said Articles (which should be written sufficiently broadly).
-app
Bernardo de La Paz
(49,005 posts)ancianita
(36,081 posts)To pardon a convicted felon whose crime the pardoner was directly involved in, is to admit to being a criminal, as well.
Bernardo de La Paz
(49,005 posts)onetexan
(13,043 posts)and every decision that administration was made halted to be reconsidered.
Maxheader
(4,373 posts)Last edited Thu Mar 7, 2019, 02:47 PM - Edit history (1)
You read it correctly...the liberals think you are dirty enough to warrant close watch
over. Not only you, but your thieving buddies too...See that they don't leave the cOuntry ..
beachbum bob
(10,437 posts)to every appropriation bill until McConnel allows a vote...
force a shutdown if necessary, make GOP defend trump pardoning his circle of crooks
calimary
(81,317 posts)And it reflects the strong feelings of a majority of his constituents, not to mention all the rest of us outside his district who share those feelings. In that regard, he represents the rest of us, too.