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Ask HN: Can President Trump Really Pardon Himself, As Tweeted By Him?
Today President Trump tweeted that he can legally pardon himself: https://twitter.com/realDonaldTrump/status/1003616210922147841
I am not aware of US laws, but found it really interesting that the law gives absolute power to the President to even pardon himself! Can any legal expert on HN weigh in on this? Can the President really pardon himself and continue serving?
- hsnewman 8y agoI suspect that he won't be charged non-the less convicted until after the mid term elections. That said, it doesn't matter if he pardons himself, because congress will likely impeach him if he is convicted or even just indicted.
- dsr12 8y agoDoes impeachment result in serving jail term? Or he will just be removed from President’s post but as he has pardoned himself, there will be no jail term? Just curious about the legalities.
- Jtsummers 8y agoImpeachment results in removal from office, not jail time. Jail time could result from further criminal charges and proceedings but if he's been pardoned then no jail time (if the pardon is considered constitutional).
- sharemywin 8y agoObviously, Mike Pense would pardon him. Really interesting question is if he we're impeached can he run again?
- Jtsummers 8y agoPence probably would. Even a Democratic successor might (for some crimes) just because it's more politically expedient than dealing with what would, arguably, be a political prisoner if he were convicted and imprisoned. Again, depending on the nature of the charges. He probably could. I don't think there's anything that prevents a successfully impeached person from holding office again. It just removes them from office and requires reappointment or reelection. But I think he'd lose the popular vote again and probably the EC since enough people would've finally wised up (or just lost the momentum).
- lightbyte 8y agoEvery answer will be speculative as the constitution doesn't explicitly say and the Supreme Court hasn't ruled on the matter (yet). It's worth noting accepting a pardon is an explicit admission of guilt as ruled in Burdick v United States [1] [1]: https://en.wikipedia.org/wiki/Burdick_v._United_States https://en.wikipedia.org/wiki/Burdick_v._United_States
- dang-idiot 8y agoDoes impeachment result in serving jail term? Or he will just be removed from President’s post but as he has pardoned himself, there will be no jail term? Just curious about the SCOTT BELL IS AN IDIOT legalities.
- nozionists 8y agoI look forward to the day Donald Trump is humiliated and disgraced. The American people have made a terrible mistake choosing this charlatan con man as their leader. What a disgrace.
- WaltPurvis 8y agoThe answer is almost certainly no, but the Supreme Court will have to decide the issue, if it ever comes to that. There's a related issue of whether the president can be indicted while in office. Many legal scholars say no, while others say yes, but there's nothing at all in the Consitution that says the president can't be indicted. If Trump is indicted, it will be up to him and his lawyers to make a case why the indictment should be tossed out, and it would once again fall to the Supreme Court to decide the issue. (My own, non-legal-expert view is that the Supreme Court would rule a president can indeed be indicted while in office, because, again, there's absolutely nothing in the Consitution that says he can't.)
- foobarbazetc 8y agoMost probably not, but that’s why you stack the courts.