Conservative groups influential with the Trump administration have pressed for the preemptive acts of clemency.

There’s a world of difference between a pardon issues to prevent malicious prosecution for non-crimew and one issued to people you’ve been instructing to commit crimes

  • dhork@lemmy.world
    link
    fedilink
    English
    arrow-up
    36
    arrow-down
    3
    ·
    17 小时前

    There’s a world of difference between a pardon issues to prevent malicious prosecution for non-crimes and one issued to people you’ve been instructing to commit crimes

    You’re not wrong, of course, but that’s not how the Constitution is written. The President’s pardon power (for Federal) crimes is absolute, with the only exception being in matters of impeachment. The whole notion of pre-emptive pardons seems silly, but Biden gave one to his son and that seems to have stuck.

    However, there is an idea that giving a politically-motivated pardon for an actual crime can backfire, because if someone can no longer be prosecuted for something, it also means they have no reason to take the 5th amendment that prevents them from incriminating themselves under oath. So while individuals might be pardoned, the crime was still committed, and investigators are within their rights to bring charges against people they can prosecute. When the pardoned person is questioned under oath, they have to testify truthfully (with no recourse to the 5th amendment for the crime they were pardoned for) or else they can be prosecuted for perjury… which is a new crime that was not subject to any prior pardon.

    So, the pardon power is in serious need of reform. That would take a Constitutional Amendment. But we can do anything in an amendment, as long as Congress and enough States agree. We can even retroactively nullify any pardon given by Trump! I doubt it would get the 38 states required to pass if it contained that clause, but a boy can dream, can’t he?

    Also interesting to note that the process of passing an amendment does not require the President at all. It does need a 2/3 majority in both houses before it goes to the States, so it’s not something Democrats can do alone. But it would be the perfect middle finger to Trumpism if they can manage to build enough support to get it passed before Trump leaves office.

    • fonix232@fedia.io
      link
      fedilink
      arrow-up
      9
      ·
      17 小时前

      I really do wish Trump would try to turn over one of those pardons to chase some made up crimes that clearly fail in court - just so he sets precedence and enables the next non-MAGA government to wipe out his pardons as well and mop up his ilk for every single cent misappropriated (not to mention the lives his regime cost, the treasons etc.)

    • cloudshouter@lemmy.zip
      link
      fedilink
      arrow-up
      6
      ·
      16 小时前

      With how far out of pocket the Trump party is right now, I could see Trump writing an executive order against a new amendment and the GOP side of the SCOTUS finding in his favor. At that point the reasonable (hork) republicans would fold and the DOJ would just stay were it is, neck deep in diaper. That would be bullshit stacked deeper than the Titan sub, but is honestly more likely than the amendment getting passed in the first place.