How would the Supreme Court rule on the validity of a self-pardon? (user search)
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  How would the Supreme Court rule on the validity of a self-pardon? (search mode)
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Poll
Question: How would the Supreme Court rule on the validity of a self-pardon?
#1
Uphold it
 
#2
Invalidate it
 
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Partisan results

Total Voters: 45

Author Topic: How would the Supreme Court rule on the validity of a self-pardon?  (Read 2878 times)
I spent the winter writing songs about getting better
BRTD
Atlas Prophet
*****
Posts: 113,036
Ukraine


Political Matrix
E: -6.50, S: -6.67

P P
« on: December 06, 2020, 01:49:36 AM »

I suspect the decision would be at least 5-4 against it. The liberals plus Roberts and it's tough to see Gorsuch upholding such an undefined and easy to abuse power of the Executive.

Kavanaugh and ACB are swing votes, probably don't give a sh!t about Trump personally now that they have their spots (Kavanaugh clearly doesn't), but might still believe it's constitutional, who knows.

Thomas and Alito almost certainly would uphold Trump's power on it. I could even see them saying along the lines of "well it's actually not allowed but since that wasn't clear until now we can't say Trump can't so his self-pardon is upheld but no future ones are."

Ironically I actually believe RBG would've been a potential vote to uphold it. Probably wouldn't though.
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I spent the winter writing songs about getting better
BRTD
Atlas Prophet
*****
Posts: 113,036
Ukraine


Political Matrix
E: -6.50, S: -6.67

P P
« Reply #1 on: December 07, 2020, 04:12:13 PM »

Hard to tell, and unlikely to be ruled upon by this Court. The Biden administration is unlikely to pursue Federal charges against Trump, and those that might have been willing to consider could likely be struck down as double jeopardy because he'd already been found not guilty by the Senate in the impeachment trial.
Trump was found not guilty of only two offenses in the impeachment trial. There's a hell of a lot more he could be charged for than those two.
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I spent the winter writing songs about getting better
BRTD
Atlas Prophet
*****
Posts: 113,036
Ukraine


Political Matrix
E: -6.50, S: -6.67

P P
« Reply #2 on: December 07, 2020, 07:17:29 PM »

Hard to tell, and unlikely to be ruled upon by this Court. The Biden administration is unlikely to pursue Federal charges against Trump, and those that might have been willing to consider could likely be struck down as double jeopardy because he'd already been found not guilty by the Senate in the impeachment trial.
Trump was found not guilty of only two offenses in the impeachment trial. There's a hell of a lot more he could be charged for than those two.

But are they Federal charges, and is there any realistic chance of getting a conviction on them?  The last thing this country needs is to prosecute Trump and thus give him a legitimate reason to be in the news unless he actually goes to prison.

I mean he's already basically committed attempted election tampering in just the past month. I'd be surprised if nothing can be landed on a guy who basically ran a criminal enterprise from the White House for the last four years aside from charges from one specific incident.
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