President Trump, consider the risks of pardoning yourself
By Jeffrey Crouch, opinion contributor - 07/23/17 03:00 PM EDT The media is abuzz with speculation about President Trump’s clemency powers after the story broke that his lawyers are mulling options for himself and his family.
The president himself on Saturday seemed to confirm the report, asserting that he has "complete power" to pardon relatives, aides and possibly himself.
How does the clemency power work? Who could he pardon? Can he pardon himself? Should he?
The fact is, Trump can pardon any federal crime, ranging from moon-shining to treason. He may grant clemency as soon as an offense is committed: no need to wait for the offender to be sentenced, tried, or even charged with a crime. Overall, the courts have protected a broad, wide-ranging clemency power for the chief executive. Still, he may not pardon a future federal crime, excuse a state offense, or exercise clemency “in cases of impeachment,” as noted in Article II, Section 2, Clause 1 of the Constitution.
The remedy for an unpopular clemency decision comes from Congress. Members can hold hearings, subpoena documents, call witnesses, and otherwise raise the profile of the clemency decision.
They can also delay funding for presidential priorities, drag their feet on his policy priorities, and refuse to confirm presidential nominees. In more extreme cases, they can pursue impeaching the president, or even try to amend the Constitution.
How likely it is Congress will take these actions, with Republicans in control, is another matter completely.
Who could he pardon?It’s clear that President Trump could pardon anyone caught up in special counsel Robert Mueller’s investigation – today, if he wanted to do so. He could grant as many or as few pardons as he wished, would not have to specify the crimes they are being pardoned for, and could make the language of the pardon as broad or as narrow as he wanted. Whether the political context would support any of these moves is unclear, but there’s little question that Trump has the legal power to act.
Can he pardon himself?<..snip..>
http://thehill.com/blogs/pundits-blog/the-judiciary/343269-trump-clemency-and-the-self-pardon-possibility
