I was reading today that Trump’s former lawyer Cohen has put forward a theory about what will happen if Trump loses the election: Trump will resign and when Pence become President he will immediately pardon Trump for “his crimes.”
I’m not familiar with US presidential powers, but I kind of get that a President can pardon someone for crimes they are charged with, but how can Pence possibly pardon Trump in advance of Trump being charged?
If there is a “blanket pardon” would that be related to specific alleged crimes committed during set time period like “while in office” and / or would it relate to specific criminal activities like financial, conflict of interest, personal game from the presidential office etc.
Same way Ford pardoned Nixon for anything Nixon might have done.
Now, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9,1974.
Here is the key phrase from Ford’s pardon of Nixon:
“Now, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9,1974.”
He didn’t have to put start and end dates on it either. And it is not yet established whether Trump can pardon himself. I’d expect he’d do one of those just to be safe.
Would a Pence pardon mean that Trump would potentially have to testify as to his federal crimes if subpoenaed, say in a case against a co-conspirator? That he could not plead the 5th?
I think that’s right. And, as I recall, there has been some controversy about the validity. Ford wasn’t part of Nixon’s crime syndicate, so I think people gave him the benefit of the doubt. Pence might not get the same deference.
I do not think there is any controversy here. If Pence is president he can pardon whoever he wants for whatever he wants. There are some opinions that a president can’t pardon himself but the constitution is very clear.
“…and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
Nothing there limiting him in any way except for the Impeachment. So if Trump had been removed from office from impeachment he could not be restored to office by a pardon. But he still could be pardoned for any crimes he committed.
Although recent years have muddied the requirements for the job, it perhaps still requires more than managing to look serene regardless of the surreal buffoonery one might be exposed to. Is there that much indication Trump’s showmanship and charisma, such as it is, are transferable? President Ivanka is as likely.
My mistake. I forgot about this delay in American politics. But Trump is concerned about his legacy, perhaps deeply believes he cannot do wrong, and is too egotistical to resign, in my opinion. The legal strengths of such a strategy are a different question.
There was a controversy about the use of a “blanket pardon” for uncharged crimes. Typically pardons are issued to people convicted, or at least charged, with something specific. Of course, nothing in the text of the Constitution requires that.
The decision generated enormous emotions and recriminations. In the wake of that decision, numerous legal and political writings challenged the validity of Ford’s action.
I can see him sulking if he loses, and resigning “because you don’t deserve me.” If the legal opinion is he can’t pardon himself I’m certain he would do this.
I think Pence wants to be President. Already there is some maneuvering among the Republicans to position themselves to run in 2024, Pompeo and Haley being notable examples.
Losing the hardcore base with such a move would be political suicide.
Thats exactly what I wondered - I’m stunned by this American concept of a blanket pardon. It would then hypothetically cover things like: An intern who says Trump assaulted her? He’s found to have personally taken money from Russia while in office?