Thursday, February 27, 2020

Theory: Trump Can't Pardon Stone Under Constitution



As we watch the case of ratf*cker extraordinaire Roger Stone move through the appeals process, the degenerate friend of corrupt, lawless liar Donald "Impeached Forever" Trump is confident that Trump will pardon him before he serves a day in jail. Stone, who was sentenced to 40 months in prison plus a fine of $20,000, failed in his latest appeal for a new trial, but will drag out his case as long as possible waiting for that gift from Dear Leader. But one expert, Brown University professor Corey Brettschneider, believes that Trump's impeachment voids his ability to pardon anyone connected with his entire criminal enterprise:
"Many scholars agree that once a president has been impeached, he or she loses the power to pardon anyone for criminal offenses connected to the articles of impeachment. Less noticed is that even after the Senate’s failure to convict the president, he or she does not regain this power.

Under Article II, Section II of the Constitution, the president is given the “power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.” Pardons are supposed to be used as acts of mercy. The framers thought of the pardon power as a “benign prerogative”—prerogative because it was mostly unchecked by courts or Congress, but benign because presidents would use it for the public good.
But the framers knew not to place blind trust in the president to wield the power justly. That’s why they explicitly forbade a president from exercising the pardon power in “cases of impeachment.” The clause prevents the worst abuse of the pardon power: a president’s protecting cronies who have been convicted of crimes related to the president’s own wrongdoing." (our emphasis)
According to Brettschneider, the Republican Senate's "acquittal" of Trump doesn't change the circumstances. A court challenge to a Trump expected pardon is unlikely to happen, even if it's as egregiously corrupt as this one would be. But if it takes the smirk off of Stone's face to think it's a possibility, go for it.

(photo: Oozing evil)