If Trump Abuses His Pardon Powers, Congress Should Impeach Him

If Trump Abuses His Pardon Powers, Congress Should Impeach Him

If Trump Abuses His Pardon Powers, Congress Should Impeach Him

A presidential pardon can’t stop an impeachment process.

Facebook
Twitter
Email
Flipboard
Pocket

Donald Trump is suddenly enthusiastic about one of the more obscure powers associated with the presidency. The Constitution says that the executive “shall have Power to grant Reprieves and Pardons for Offenses against the United States…”

A desperate and embattled Trump is now reading this phrase in the broadest possible sense, claiming in a Saturday morning tweet that “all agree the U.S. President has the complete power to pardon.”

As it happens, all do not agree.

Trump’s Nixonian assertion has opened up a robust debate about whether a president—especially a president plagued by the sort of scandals that swirl around this White House—could pardon himself. After The Washington Post reported Friday that the president might be considering just such an abuse of power, University of Michigan Law School professor Richard Primus wrote: “A self-pardon would be something new in American history—and just the kind of departure from prior norms that typifies Trump. The Constitution doesn’t specify whether the president can pardon himself, and no court has ever ruled on the issue, because no president has ever been brazen enough to try it. Among constitutional lawyers, the dominant (though not unanimous) answer is ‘no,’ in part because letting any person exempt himself from criminal liability would be a fundamental affront to America’s basic rule-of-law values.”

“But as a practical matter, it’s not a panel of legal experts that will decide this issue,” Primus explained in a primer that appeared on the Politico website. “It probably won’t be a court, either. Instead, the answer will be fought out at the highest levels of American politics. And in real life, if the president signed a document with the words ‘I pardon myself’—which he certainly could—it’s impossible to know what would happen next.”

Actually, it is quite possible to know what should happen next. The framers of the Constitution were clear about that.

The full section of the Constitution dealing with the pardon power—Article II, Section 2, Clause 1—declares that the president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

In other words, a president cannot pardon himself out of impeachment. That’s because impeachment is not a legal procedure but a political act.

The power to impeach a president (or a vice president, or an attorney general) rests with the US House of Representatives. If the House impeaches a president, he is tried by the Senate. If convicted, the president is removed from office.

No pardon can interrupt the process.

No pardon can alter or reverse the Senate’s decision.

Donald Trump may abuse the pardon process—with an attempted self-pardon, or with a pardon of his son, or of his son-in-law, or of his attorney general. Theoretically, those pardons could undermine investigations and thwart prosecutions.

But they cannot prevent impeachment—or its consequences.

Indeed, a president who abuses the pardon power makes a case that reluctant Democrats and recalcitrant Republicans would be compelled to recognize. The impeachment power was developed for many reasons, but above all it exists as a tool for ending the corruption of the executive branch by lawless presidents.

Thank you for reading The Nation!

We hope you enjoyed the story you just read. It’s just one of many examples of incisive, deeply-reported journalism we publish—journalism that shifts the needle on important issues, uncovers malfeasance and corruption, and uplifts voices and perspectives that often go unheard in mainstream media. For nearly 160 years, The Nation has spoken truth to power and shone a light on issues that would otherwise be swept under the rug.

In a critical election year as well as a time of media austerity, independent journalism needs your continued support. The best way to do this is with a recurring donation. This month, we are asking readers like you who value truth and democracy to step up and support The Nation with a monthly contribution. We call these monthly donors Sustainers, a small but mighty group of supporters who ensure our team of writers, editors, and fact-checkers have the resources they need to report on breaking news, investigative feature stories that often take weeks or months to report, and much more.

There’s a lot to talk about in the coming months, from the presidential election and Supreme Court battles to the fight for bodily autonomy. We’ll cover all these issues and more, but this is only made possible with support from sustaining donors. Donate today—any amount you can spare each month is appreciated, even just the price of a cup of coffee.

The Nation does not bow to the interests of a corporate owner or advertisers—we answer only to readers like you who make our work possible. Set up a recurring donation today and ensure we can continue to hold the powerful accountable.

Thank you for your generosity.

Ad Policy
x