Unpacked: Can a president pardon themselves?

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  • Опубликовано: 8 июн 2024
  • Brookings Senior Fellow Norm Eisen discusses the constitutionality of presidential self-pardons, explaining the legal precedent on the issue and how such a pardon might be challenged in the courts.
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Комментарии • 5

  • @Eluzian86
    @Eluzian86 9 месяцев назад

    I expected a legal scholar to actually look at the Constitution itself to answer the question, but I guess that was asking too much, so I'll just do it myself.
    The Constitution gives "the sole Power of Impeachment" to the House of Representatives in the U.S. Constitution in Article 1, Section 2, Clause 5. The President is given the pardon power in every case "except in Cases of Impeachment" in Article 2, Section 2, Clause 1. If the President can't pardon an Impeachment, then he also would not be able to prevent an Impeachment from occurring which also preserves the explicit authority of Impeachment given to the House of Representatives. There's your answer from the document itself with no need to go anywhere else.

  • @user-or7ji5hv8y
    @user-or7ji5hv8y 3 года назад

    But if you haven’t been charged with a crime, can you still execute a pardon? Can self pardon be a blank check? Can’t the judiciary issue a charge post Trump office?

  • @abelincoln7154
    @abelincoln7154 Год назад +1

    Yes...A lawyer acting dramatic to prove a "fact". The fact is, that it is NOT a settled question amongst legal scholars as it functions in Article II, sec 4 of the us constitution. It is nebulously written concerning this point of self-pardoning and never has been empirically and fully addressed. it has been called "the known unknown".

    • @Eluzian86
      @Eluzian86 9 месяцев назад +1

      It's not nebulous. The President is granted pardoning authority in all cases except Impeachment in Article 2, Section 2, Clause 1 and the House of Representatives is granted the "sole Power of Impeachment" in Article 1, Section 2, Clause 5. The President is restricted from pardoning impeached individuals and in order for the Impeachment power to remain the "sole" power of the House of Representatives, the President would necessarily be restricted in being able to prevent Impeachments as well. Therefore, the President clearly has no Constitutional authority to self-pardon. It's also implied that Impeachment and removal from office would be done because of criminal acts, not political differences since some crimes such as bribery and treason are specifically mentioned in Article 2, Section 4. Also, he must remain able to be charged in a court of law after his removal from office according to Article 1, Section 3, Clause 7. If he has been pardoned, he can't legally be charged in a court of law, therefore, I conclude still, the President has no Constitutional self-pardon authority.