Posts Tagged ‘Russiagate’

Donald Trump is wrecking government, legally

August 7, 2017

President Donald J. Trump in just six months has done permanent damage to the working of the federal government.   It is not just that his policies are mostly bad.   It is that, due to incompetence and contempt for government, he is destroying the ability of government to function.

The trouble is that his wrecking is fully within his legal and Constitutional powers as President, while  the illegal and unconstitutional actions of which he is accused are either unproven and / or have precedent in the Bush and Obama administrations.

LINKS

Why the Scariest Nuclear Threat May Be Coming from Inside the White House by Michael Lewis for Vanity Fair.   Short version by Rod Dreher.

How the Trump Administration Broke the State Department by Robbie Gramer, Dan De Luce and Colum Lynch for Foreign Policy.  Short version by Daniel Larison.

What’s Worse: Trump’s Campaign Agenda or Empowering Generals and CIA Operatives to Subvert It? by Glenn Greenwald for The Intercept.

Trump Is Guilty, of Something by Andrew Levine for Counterpunch.   But what?

Can Trump pardon himself? Notes on Russiagate

July 25, 2017

Donald Trump is said to have asked his lawyers for their opinion on whether he has the power to pardon himself.

The parts of the Constitution relative to pardons are:

Article 2, Section 2. The President … shall have the power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Article 2, Section 4. The President, Vice President and all civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery or other high Crimes and Misdemeanors.

Article 1, Section 3. … Judgment in Cases of Impeachment shall not extend further than to removal from Office and disqualification to hold and enjoy any Office of honor, Trust of Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

What I take this to mean is that the Founders never thought about the possibility of a President pardoning himself.  It’s a settled principle of law that no-one should be judge in their own case, but I’m not bold enough to say how the courts would decide this issue.

If President Trump had the authority to pardon himself, could he literally stand in the middle of Fifth Avenue, shoot someone and then pardon himself for the crime of homicide?

No.   The pardon power extends only to federal crimes.   In this thought experiment, he could still be prosecuted under New York state law.

The pardon power does not extend to impeachment, but the only penalty under impeachment is removal from office.

For all practical purposes, there is no way to hold a criminal President accountable except through the impeachment process.

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