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Title : "So why is it clear that the president lacks the power to pardon himself? There are three reasons."
link : "So why is it clear that the president lacks the power to pardon himself? There are three reasons."

"So why is it clear that the president lacks the power to pardon himself? There are three reasons."

"The language of the pardon power itself is ambiguous in the face of a constitutional expectation of clarity if the Framers intended to invest the president with such extraordinary power.... Second, the Framers clearly contemplated in the impeachment provisions of the Constitution that the president would not be able to violate the criminal laws with impunity.... And last, but not least, a power in the president to pardon himself for any and all crimes against the United States he committed would grievously offend the animating constitutional principle that no man, not even the president, is above and beyond the law. In contemporary constitutional parlance, the Framers more likely would have regarded a self-pardon not as an act of justice, grace, mercy and forgiveness, as they did presidential pardons of others. They would have viewed a self-pardon as a presidential act more akin to an obstruction of justice for criminal offenses against the United States by a president, the prosecution for which can be brought, at least according to the Justice Department, only after a president leaves office."

From "No, President Trump can’t pardon himself" by the former federal judge J. Michael Luttig (WaPo). 

Luttig has a strong conservative reputation. He was a law clerk to Justice Scalia, appointed to the the 4th Circuit by George H.W. Bush, and often mentioned as a potential Supreme Court nominee when George W. Bush was President. Per Wikipedia: "Luttig was the leading feeder judge on the U.S. Court of Appeals, with virtually all of his law clerks having gone on to clerk with conservative justices on the Supreme Court, a total of 40, 33 of whom clerked for either Justice Thomas or Justice Scalia."

Of course, the issue whether the President can pardon himself is an open question. We will only get the answer if and when a President pardons himself and there's a case that a court has to decide. Is prosecution more likely or less likely if there is a pardon to be presented as a defense? Luttig's argument should have influence with Trump, and there were already good political and legal reasons why Trump should resist pardoning himself. 

Will Trump pardon himself? Should he? Would the pardon hold up in court?

Yes, yes, yes.

No, no, no.

No, yes, yes.

No, no, yes.

Yes, no, no.

Yes, no, yes.

Yes, yes, no.

No, yes, no.

 

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