What if Trump starts pardoning people he relates to

omega3

Senior member
Feb 19, 2015
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So Trump considers pardoning Manafort. Since Manafort worked with him that seems like an obvious case of conflict of interest.

What I want to know, if Trump does use his pardon power for people he somehow relate(d) to, what can legally be done by Mueller or others in law enforcement to stop him? How and who can bring this to the US Supreme Court from a legal perspective?
 

Indus

Diamond Member
May 11, 2002
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Nothing can be done.. PERIOD.

There is no check on pardons.

However pardons only work on federal crimes. So if a state can charge for state crimes and there is plenty of evidence of him breaking the law in multiple places, for that a pardon does not do anything.

He'd be at the mercy of the governors.
 

Maxima1

Diamond Member
Jan 15, 2013
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https://twitter.com/tribelaw/status/889067573752586240

"Jared, Paul, etc: Trump's promises to bail you out if you commit perjury may fail: courts could well toss out pardons by a co-conspirator!"

https://twitter.com/tribelaw/status/936611148253851650

"If Trump were to pardon Flynn, it’s WRONG to think that ONLY impeachment could test the pardon’s legality. Mueller could and should argue in federal court that the pardon is void because of the conflict of interest underlying it. Anyway no such pardon would silence Flynn at trial"
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
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"President's don't have real power".

I have heard this for years. Hopefully, that won't be said ever again.
 
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interchange

Diamond Member
Oct 10, 1999
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"President's don't have real power".

I have heard this for years. Hopefully, that won't be said ever again.

No doubt. It has scared me to see that Trump has been capable of in this position. Not for accomplishing much, but the power a President has to destroy things has proven remarkable.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
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Trump can pardon anybody anytime wrt a federal crime, but only after the fact.

https://www.washingtonpost.com/outl...ory.html?noredirect=on&utm_term=.3c1ddc0763b6

There are those who argue he could even pardon himself but I doubt that would keep him from being impeached, convicted & removed from office. It would violate a principle of natural law underlying the constitution, nemo iudex in causa sua, meaning that no man can judge his own case. It doesn't really matter because President Pence would pardon him anyway.
 

omega3

Senior member
Feb 19, 2015
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Trump can pardon anybody anytime wrt a federal crime, but only after the fact.
And what about conflict of interest if Trump pardons people in a case he is related to? The constitution doesn't mention that but also doesn't rule that out so couldn't the US Supreme Court have a ruling on that? Any idea how that would happen practically, like who would have the power to bring the case to the US Supreme Court?
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
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And what about conflict of interest if Trump pardons people in a case he is related to? The constitution doesn't mention that but also doesn't rule that out so couldn't the US Supreme Court have a ruling on that? Any idea how that would happen practically, like who would have the power to bring the case to the US Supreme Court?

Congress would have to deal with the President over that as part of impeachment & trial with the chief justice presiding. It would be obvious obstruction of justice.
 

sandorski

No Lifer
Oct 10, 1999
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Seems to me that the various powers given to the President have been poorly defined for far too long. Tradition has been the only thing holding gross abuse back. Trump is still tentative about using it, which is why he continuously keeps floating trial balloons. It seems pretty clear though that as long as others are willing, the President could do all sorts of things that should never be done.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
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Trump can pardon anybody anytime wrt a federal crime, but only after the fact.

The article you quote says differently.

You must be charged and convicted before you can be pardoned.
Social media discussions about Trump and his pardons are rife with errors, with hundreds of commenters believing that only people convicted of a crime can be pardoned

Nixon was pardoned in advance of *all crime that may have happened while in office*. That's a blanket pardon for things not even known.

Am I misunderstanding you? This is a separate situation from self-pardon.
 

BoomerD

No Lifer
Feb 26, 2006
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What if Trump starts pardoning people to whom he is related?

(Jared, Donny Jr., Ivanka, etc.)
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
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The article you quote says differently.



Nixon was pardoned in advance of *all crime that may have happened while in office*. That's a blanket pardon for things not even known.

Am I misunderstanding you? This is a separate situation from self-pardon.

Yes, you misunderstand. Conviction is not necessary to receive a pardon.