SAN FRANCISCO, Calif. (KRON) - After his impeachment Wednesday, there has been more talk about President Trump pardoning himself but the question is whether he has the power to legally do that.
After being impeached for inciting the Capitol building riot on January 6th, there are now reports that President Trump may try to pardon himself - but what exactly does that mean?
A federal pardon is a power granted to the president by the U.S. Constitution that completely sets aside the punishment for a federal crime.
The pardon clause is found under Section 2 of the Constitution, and it simply states:
"The president shall have power to grant pardons for offenses against the United States, except in cases of impeachment."
A federal pardon can be granted at any time after a crime is committed, and while it sets aside punishment, it doesn't signify innocence.
Notably, the clause also does not allow the president to pardon state level crimes or civil suits.
On January 13th, the House impeached President Trump for the federal charge of incitement of insurrection and now the question is - can the president actually pardon himself?
Many legal scholars believe he cannot legally pardon himself, first because this charge is connected to his impeachment - the clause specifically precludes a pardon under those circumstances.
Another reason lies in the overall context of the constitution - The Federalist Papers are essays that were written by the framers to promote the ratification of the constitution.
In Federalist 10, James Madison clearly states that "no man is allowed to be a judge in his own cause because his interest would certainly bias his judgment, and corrupt his integrity."
But there's an even bigger issue.
"It's a legal conundrum for President Trump. He's apparently talking to everyone about wanting to do this, but it's almost begging to be challenged, and that puts him in legal jeopardy. The only way our government or any interested party could prove that he doesn't have that authority is by actually challenging it in a court of law. But he'd be admitting to crimes,” Donna Crane said.
The president has not tried pardoning himself yet, but if he does, he would be the first president in the history of the United States to do so.
from KRON4 https://ift.tt/3srKAag
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