Presidential self-pardon via 25th Amendment?
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  Presidential self-pardon via 25th Amendment?
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Author Topic: Presidential self-pardon via 25th Amendment?  (Read 2148 times)
President Johnson
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« on: August 03, 2023, 02:48:35 PM »

Since it's under discussion whether Trump (or any president) could pardon himself in case he gets back into office, couldn't he or any president just get it done via 25th Amendment? Theoretically he could just transfer presidential powers to the vice president for an hour, and since the vice president then has all presidential power, he (or she) could just issue a pardon before powers are returned to the actual occupant of the office.

Thoughts?
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brucejoel99
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« Reply #1 on: August 03, 2023, 06:39:44 PM »

Yes, that'd be 100% ok. Trump just didn't trust Pence. He literally refused anesthesia in his colonoscopy to stop a handover.
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Sir Mohamed
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« Reply #2 on: August 04, 2023, 09:24:46 AM »

Don't give him ideas...
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President Johnson
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« Reply #3 on: August 13, 2023, 02:38:02 PM »

Yes, that'd be 100% ok. Trump just didn't trust Pence. He literally refused anesthesia in his colonoscopy to stop a handover.

Sounds reasonable. I wonder whether someone in Nixon's orbit actually considered it. I guess Ford wouldn't have done that, though Agnew might have. And anyone Trump picks for 2024 would definitely do it if that removed any legal questions over a self-pardon.
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LBJer
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« Reply #4 on: August 25, 2023, 07:01:29 AM »

That wouldn't work for the Georgia case, since those are state crimes. Neither the actual nor an acting president can pardon someone for a state crime. 
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KoopaDaQuick 🇵🇸
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« Reply #5 on: August 26, 2023, 06:24:17 AM »

I think whether or not Trump is willing to admit guilt so he can get the pardon is actually more up in the air than whether or not a self-pardon like the one OP described is legal in the first place.
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Blue3
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« Reply #6 on: August 26, 2023, 10:39:05 AM »

He’d probably try to pardon himself of state crimes, citing the supremacy clause and executive privilege… leading to a Supreme Court showdown.
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