Does the power of the presidential pardon essentially neuter the Judicial branch?

Politics & Elections
1

I was thinking about this on the drive to work today. Let’s say the courts convict anyone of violating a court order or really convict them of anything at all can’t Trump just immediately pardon them? Is there anything stopping him from preemptively stating that he will immediately pardon anyone convicted of a crime by the federal courts while carrying out his “agenda”?

If he were to do that what would be the recourse?

2

Yes. When you have enough members of the legislative, juridical, and executive branches who are not interested in checks and balances or the rule of law then the power to pardon can neuter the judicial branch. What we have is a Constitutional crisis on our hands.

3

The recourse would be for the states to either prosecute under their own laws, which they may not be doing now since a federal prosection is being pursued or the states can make new laws that cover the things that he is pardoning people for. The sticky point my be violations that happen in DC.

4

It’s a bit of a rock-paper-scissors thing.

The courts can rule the president’s minions violate the law.

The president can pardon the minions.

Congress can impeach the president if they think the pardons went too far.

The problem is, Congress is the paper, and they’re setting themselves on fire rather than cover the president’s rock.

5

Only for criminal prosecutions though; Presidents can’t pardon civil issues.

6

Impeachment
Term limit

~Max

7

From various sources the consensus seems to be that the president can pardon criminal contempt (see Arpaio, Joe) but not civil contempt. Civil contempt sanctions are not punishments for a crime. From the DoJ web site:

By contrast, civil contempt sanctions–which are designed to compel future compliance with a court order–are coercive and avoidable through obedience, and “thus may be imposed in an ordinary civil proceeding upon notice and an opportunity to be heard. Neither a jury trial nor proof beyond a reasonable doubt is required.” International Union, UMWA v. Bagwell, 512 U.S. 821, 114 S.Ct. 2552, 2557 (1994).

Civil contempt sanctions can include fines and incarceration until compliance.