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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!howland.reston.ans.net!paladin.american.edu!auvm!BROWNVM.BITNET!PL436000
- Message-ID: <POLITICS%92123115524567@OHSTVMA.ACS.OHIO-STATE.EDU>
- Newsgroups: bit.listserv.politics
- Date: Thu, 31 Dec 1992 15:44:05 EST
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Jamie <PL436000@BROWNVM.BITNET>
- Subject: Re: Presidential Pardon
- Lines: 44
-
- >From: Jonathan Fisher <jfisher@NETXWEST.COM>
- >
- >> Just a quick question for the New Year!
- >>
- >> If President Bush is investigated and convicted on the Iran-
- >> Contra affair before Inauguration Day, can he pardon himself?
- >>
- >> just wondering...
- >>
- >> Bill
- >>
- >You bet. That's why nothing will happen until he leaves office!
- >
- >Jonathan
-
- No, that's definitely wrong. It is Triply wrong.
-
- First of all, before he is convicted he must be impeached. If he is
- impeached he can't pardon anyone, let alone himself.
-
- Furthermore, a president NEVER has the power to grant pardons in
- case of an impeachment, whether it is he who is impeached or
- someone else.
-
- Finally, if he COULD pardon himself, he could do it ex ante. He
- could pardon himself for any crime he committed, even before
- an investigation was begun.
-
- Remember that Nixon was pardoned, though he was never tried or
- even impeached.
-
- And Vietnam draft evaders were pardoned though many of them were
- never even investigated. (I think, I'm not sure about that.)
-
- I doubt that a president could legally pardon himself for anything.
- I don't think it says as much explicitly in the Constitution. The
- closest thing is the clause that says he can't pardon someone in
- a case of impeachment. But in any case it is clearly not in the
- spirit of the pardon power for a president to pardon himself.
-
- I like Brett's suggestion better. It is much trickier. I doubt
- they'd get away with it, though.
-
- Jamie
-