Was #DonaldTrump's pardoning of former Sheriff Joe Arpaio unconstitutional? Legal experts believe so.
Was #DonaldTrump's pardoning of former Sheriff Joe Arpaio unconstitutional? Legal experts believe so.
_As with any other presidential power, the power to pardon is constrained by the ordinary requirements of federal law applicable to all public officials. For example, if representatives of a pardon-seeker arrived in the Oval Office with a bundle of cash that the president accepted in return for a pardon, there is little doubt that the president would be guilty of the crime of bribery. . . . If Trump were to pardon any of the figures in the current Russia investigation, his action would certainly impede or obstruct the due administration of justice, as the courts have broadly construed that standard.
It would not be difficult to imagine Mueller making the case that the motive behind such interference was “corrupt.” As the Founding Fathers made plain, the purpose behind the pardon power is to extend mercy to those who have offended and have demonstrated remorse. Using the pardon power to protect the president’s own interests against embarrassment or exposure is not legitimate. Rather, a crassly self-interested exercise of presidential power to impede the due administration of justice is the very antithesis of the president’s most solemn oath — “to take care that the laws be faithfully executed.”_
https://www.washingtonpost.com/blogs/right-turn/wp/2017/08/30/legal-challenge-to-arpaio-pardon-begins/
_As with any other presidential power, the power to pardon is constrained by the ordinary requirements of federal law applicable to all public officials. For example, if representatives of a pardon-seeker arrived in the Oval Office with a bundle of cash that the president accepted in return for a pardon, there is little doubt that the president would be guilty of the crime of bribery. . . . If Trump were to pardon any of the figures in the current Russia investigation, his action would certainly impede or obstruct the due administration of justice, as the courts have broadly construed that standard.
It would not be difficult to imagine Mueller making the case that the motive behind such interference was “corrupt.” As the Founding Fathers made plain, the purpose behind the pardon power is to extend mercy to those who have offended and have demonstrated remorse. Using the pardon power to protect the president’s own interests against embarrassment or exposure is not legitimate. Rather, a crassly self-interested exercise of presidential power to impede the due administration of justice is the very antithesis of the president’s most solemn oath — “to take care that the laws be faithfully executed.”_
https://www.washingtonpost.com/blogs/right-turn/wp/2017/08/30/legal-challenge-to-arpaio-pardon-begins/
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