If Pres. Trump goes unchecked, by the powers that be in Washington's halls of Congress, he will go down in history as the man who brought America's downfall in a Constitutional crisis. Additionally, the names of the those Republican representatives of the American people will join his place in history books, for allowing and assisting Pres. Trump.
The United States Congress should pass an amendment to the Constitution of the United States Article II, regarding Presidential pardons to exclude all pardons from a corrupt President or Vice-President, from obstruction of justice, by giving themselves and their families Presidential pardons.
Under no circumstances, should a President or Vice President be allowed to pardon themselves or their family. This is the first and most important issue Congress should immediately address by writing, introducing and passing a historic landmark bill in a constitutional and concrete lawful amendment.
Congress has the power to save America from destroying itself at the hands of a psychologically unhinged President's unchecked power. No one else has that awesome power. I hope they will have the wisdom and courage to become the heroes, in this horrific revision and re-adaptation of the Hitler years.
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Are There Limits To Trump’s Pardon Power?
How a few possible pardon scenarios might play out.
07/19/2017
Huffington Post
Over the weekend, one of President Donald Trump’s personal lawyers, Jay Sekulow, refused to rule out the possibility that the president would pardon his associates, or even himself, in the Russia investigation. Sekulow said, “He can pardon individuals, of course. That’s because the founders of our country put that in the United States Constitution: the power to pardon. But I have not had those conversations, so I couldn’t speculate on that.”
The issue of whether Trump could use his pardon power, sparks a debate whether a sitting president may be indicted or whether the Constitution requires impeachment and removal prior to indictment. It is almost a purely academic question because it is highly unlikely that Special Counsel Robert Mueller would indict Trump while still in office. In any event, there is the potential for post-presidency criminal exposure. In addition, Trump’s family members and close associates could also be under investigation. This means Trump could be tempted to insulate them by granting pardons before they’re convicted of anything.
The political dynamics involved raise fundamental questions of constitutional law. The Constitution of the United States of America, Article II Section 2, gives the President the "Power to grant reprieves and pardons for offenses against the United States of America, except in cases of impeachment." The President's pardon power is limited to federal offenses, which include federal prosecutions in U.S. territories like the District of Columbia and Puerto Rico. Clemency requests, include requests for pardon and sentence commutations, usually flow through the Office of the Pardon Attorney, at the Justice Dept. evaluates clemency requests pursuant to the guidelines set forth in the U.S. Attorney's Manual. However, the President may bypass that process, because it is a power expressly given/reserved for the President.
Prospective Pardons
A President can prospectively pardon individuals for crimes that have occurred, but have not been charged. Pres. Gerald Ford pardoned Richard Nixon, even though he was not under indictment. Pres. Ford's proclamation included 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 his Presidency. Similarly, Pres. George H.W. Bush issued full pardons to 6 people implicated in the Iran-Contra Affair, some of whom still faced trial.
The Nixon pardon was a political disaster, that ended Ford's Presidential honeymoon, but sparked a debate whether it was constitutional? Some legal commentators argued it was beyond the power of the President to relieve a person of criminal liability for hypothetical offenses. However, most sources suggest a prospective pardon is within the President's constitutional authority. In the court case of "Ex Parte Garland", 71 U.S. 333,380 (1867), the Supreme Court described the power in broad temporal terms:
The [pardon] power … extends to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment. (emphasis added).
A 1995 Office of Legal Counsel notes that Presidents throughout U.S. history, "have asserted the power to issue pardons prior to conviction, and the consistent view of the Attorneys General has been that such pardons have as full an effect as pardons issued after conviction." It cites an Attorney General opinion from the 1850's, which defends the President's preemptive power on the grounds that, "the act of clemency and grace, is applied to the crime itself, not to the mere formal proof of the crime." Members of Congress have occasionally contemplated a constitutional amendment to preclude a future pardon like Nixon received, which suggests that Congress acquiesces to the Executive Branches viewpoint. Most legal authorities indicate that Pres. Trump has the power to grant prospective
pardons for criminal acts, not subject to formal charge.
To continue reading this article, please go to the Huffington posted article:
a) Self Pardon
b) The 25th. Amendment Pardon Loop Hole Scheme Contained in the
Constitution Section III
c)The effect of a Pardon on the Special Counsel Investigations
"Good Reading and Boner Appertite!"
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