Tag: pardons

Obstructing Justice Through Pardons Is an Impeachable Offense

The following article by Sam Berger was posted on the Center for American Progress website June 21, 2018:

Pres. Trump in the White House Cabinet Room. Credit: Getty, Win McNamee

As the investigation into the Trump campaign’s collusion with Russia, led by special counsel Robert Mueller, continues to close in on President Donald Trump, he has started discussing his ability to pardon, even arguing that he could pardon himself despite the long-standing determination to the contrary by the U.S. Department of Justice (DOJ). Trump’s legal team has made an equally baseless assertion with respect to his actions to impede the Russia investigation, claiming that “the President’s actions here, by virtue of his position as the chief law enforcement officer, could neither constitutionally nor legally constitute obstruction … and that he could, if he wished … even exercise his power to pardon if he so desired.”

This view is wrong: It is clear that the president can obstruct justice. And—as reflected in past precedent, a Supreme Court decision, and constitutional history—abuse of the pardon power can constitute such obstruction and be grounds for impeachment. Continue reading “Obstructing Justice Through Pardons Is an Impeachable Offense”

What Sessions Should Tell Trump About Pardons — Before It’s Too Late

The following article by Joe Conason was posted on the National Memo website July 27, 2017:

When Donald Trump issued a tweet reminding everyone that as president he has “the complete power to pardon,” did he mean to suggest that he can pardon himself? Or simply to boast that he can issue pardons without consulting any other authority or facing any consequences?

The impact of Trump’s provocative statement — along with news accounts suggesting he may issue a flurry of pardons to stonewall special counsel Robert Mueller — forced a denial from his lawyer Jay Sekulow. But whatever impulse propels him now, someone ought to tell Trump that while the pardon power is indeed a solo prerogative of his office, it isn’t quite absolute. And should he appear to use that power for a corrupt purpose, such as obstruction of justice, he could place himself in serious legal jeopardy. Not only could he be impeached, since the Constitution specifically prohibits pardoning any impeached official, but he might just be criminally prosecuted as well. Continue reading “What Sessions Should Tell Trump About Pardons — Before It’s Too Late”