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Archive of posts filed under the Pardon Power category.

Pardons, Self-Pardons and Impeachment (Part IV)

This post will conclude my series (see here, here and here) on the pardon power and impeachment. Today I will look at the pardon power in the context of the Russia investigation and explain why, in my judgment, the totality of the evidence warrants opening an impeachment inquiry focused on the president’s abuse and threatened abuse of the pardon [...]

Pardons, Self-Pardons and Impeachment (Part III)

The case against President Trump’s exercise of the pardon power to date may be summarized as follows. Trump’s statements and actions have demonstrated (1) a complete disinterest in the official pardon process; (2) a willingness to grant pardons based on a one-sided process in which no contrary information or view is solicited or considered; (3) [...]

Pardons, Self-Pardons and Impeachment (Part II)

Following on my last post, we will now turn to the pardon power generally and what role Congress plays in checking abuses of that power. The Pardon Power and Congressional Oversight The power to pardon is, as Maddie McMahon and Jack Goldsmith note in a recent Lawfare post, “among the broadest of presidential powers.” The Supreme [...]

Pardons, Self-Pardons and Impeachment (Part I)

Let me digress from our discussion of legislative discontinuity to address a more topical issue: presidential self-pardons. The question whether the president may validly grant a pardon to himself has been sporadically discussed since the inception of the current administration, but the debate accelerated following President Trump’s issuance on June 4, 2018 of the following [...]