Thursday, May 25, 2017

Can Trump Pardon Himself?

The Editor has long thought that Prof. Kalt's discussion on the topic of self-pardons is the best - it is summarized in a previous blog post here.

The Washington Post has now written on the topic here.

Here is the full content of the e-mail that the Editor sent to the Post when consulted on the topic. 
I would add (although Kalt might not agree so much) that Supreme Court jurisprudence has always assumed a dichotomy - the granter and the recipient. Indeed, pardons have been revoked on the premise that they had not been accepted by (or had not been delivered to) the intended recipient. Similarly, commutations have been voided because the intended recipient did not accept attached conditions. This happened once to Obama. So, I would say that, with this assumed dynamic. the granter accepting clemency from himself is nonsensical. There is no "acceptance" in that scenario, in any sense of the language.


Anonymous said...

The bigger question is .....Will President Trump pardon Barack Obama for doing this since the 9th & 4th Circuit Courts believes Trump has no jurisdiction when it comes to immigration?? BHO in-fact, allowing this to happen on his watch:

Anonymous said...

I am concerned Trump is goona turn his back on deserving pardom applicants with his tough approach to mandatory minimums. As a 6-1/2 year applicant of a meryjane charge 27 years ago I HAVE LOST HOPE.

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