Author Topic: Can Trump be prosecuted by the incoming DOJ for abuse of pardon power?  (Read 146 times)

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Offline dutch508

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triron (18,463 posts)
https://www.democraticunderground.com/100214749260

Can Trump be prosecuted by the incoming DOJ for abuse of pardon power?

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Stallion (5,480 posts)

1. No There is No Standard to Judge the Complete Discretion Allowed by the Pardon Clause

 :popcorn:

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Star Member C_U_L8R (38,698 posts)

2. Or can the pardons be voided (for their corrupt intent)?

 :thatsright:

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PoliticAverse (22,362 posts)

15. Suppose a president pardoned every white male who was convicted of a certain offense, could that...
pardoned be challenged? Perhaps an argument could be made that such a pardon conflicted with other parts of the Constitution.
We'll never know until there is such a challenged case.

 :mental:

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PoliticAverse (22,362 posts)

21. That's not a settled legal issue. It's possible the Supreme Court could find a pardon the President issued conflicts with another part of the Constitution. We will not know the limits of a President's pardon power unless that limit is tested.

And your statement "whomever he wants for any reason he wants or no reason at all" implies a Present could pardon themself, something I very much doubt courts would recognize as valid.

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sunonmars (8,380 posts)

6. Biden needs to hopefully look at changing the power of the pardon. Its too broad.

There needs to be clear set rules for this

 :rotf:

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slumcamper (1,271 posts)

12. Yes.

This is untested legal terrain. The DOJ can (and should, IMHO) construct a case that tests the limits of a president to pardon herself (or himself, in this case).

Let's not forget that we exist in a political space and time where our institutions are subject to extreme test and judicial scrutiny.

That said, it might be preferable to have a court more sympathetic to a looser interpretation of the Constitution. On the other hand, in the interest of original intent relative to executive authority and rule of law, it may be fortuitous that the Court is stacked with strict constructionists.

This should be tested.

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Star Member StarfishSaver (11,586 posts)

43. I don't think DOJ would try to void a pardon

They'd be unlikely to prevail - since the Constitution sets no limits and therefore any limit set by a court would be judicial activism to the nth degree - and in the very remote instance that they did, it would set a terrible precedent.

I do think they'd be much more likely to charge Trump and the person pardoned with bribery or public corruption.

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Star Member Cha (266,584 posts)

13. I was just thinking.. that ****er needs to be held Accountable for that some Way!

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Star Member Hoyt (46,959 posts)

17. Before it's over, he'll pardon everyone convicted of federal hate crimes.

 :mental:

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Fiendish Thingy (5,767 posts)

44. Sure, as long as Pence hasn't pardoned Trump, especially if evidence exists of bribery. Nt

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Offline Drafe Hoblin

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Re: Can Trump be prosecuted by the incoming DOJ for abuse of pardon power?
« Reply #1 on: December 22, 2020, 10:01:02 PM »
6. Biden needs to hopefully look at changing the power of the pardon. Its too broad.

There needs to be clear set rules for this


You mean don't pardon megalomaniacal tax-cheats like Mark Rich?  I've never really forgiven Bush for not changing the Pardon-parameters in 2001. 

Offline franksolich

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Re: Can Trump be prosecuted by the incoming DOJ for abuse of pardon power?
« Reply #2 on: December 22, 2020, 10:28:54 PM »
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Hoyt (46,959 posts)

17. Before it's over, he'll pardon everyone convicted of federal hate crimes.

I surely hope so.
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