Currently, the only way to change the pardon power is by constitutional amendment, though history has shown that the scope of the power can be modified by the courts. If a criminal allegation were frivolous and politically motivated, much of the public might support a president’s pardoning of himself.
It also aims to be an avenue for law students to develop their research, writing and editing skills. Also, as a general matter, federal precedent suggests a government official cannot sit in judgment of himself. Yes, the President Can Pardon Himself . How Many Years Can a President Serve in the White House? More specifically, what was the purpose of restricting the president from granting pardons in cases of impeachment? The topic also surfaced during the tumultuous presidency of Donald Trump, particularly after it was reported that the erratic businessman and former reality-television star and his lawyers were "discussing the president’s authority to grant pardons" and that Trump was asking his advisers "about his power to pardon aides, family members and even himself. Must the law specifically allow anything before it can be validly done or is there a presumption that the law allows anything it does not prohibit?
On that occasion, the president was obviously reacting to a Washington Post report that he had been asking advisers “about his power to pardon aides, family members and even himself.”. Article II, Section 2 vests the president with the “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” The president’s pardon power is limited to federal offenses, which include federal prosecutions in U.S. territories like the District of Columbia and Puerto Rico. Most scholars argue, however, that presidents cannot pardon themselves. Your donation to the Institute in support of The Imaginative Conservative is tax deductible to the extent allowed by law. “We the People” in our constitution have declared unequivocally that “Nobody is above the law”, not even the president.
A President who pardoned himself has effectively admitted to a crime.
Americans in 1776 had a word for executive abuse of power: tyranny. The English barons who compelled King John to sign Magna Carta in 1215 limited the monarch’s authority and declared certain liberties of his subjects to be beyond his reach. The constitution itself seeks to uphold the principle of checks and balances thereby ensuring that most of the powers of the President are subject to an arm of the Government or a council.
However, there is no precedent as no president has ever attempted to execute a self-pardon and thus there is limited casework to guide scholars and lawyers.
Late last July, Trump tweeted that “all agree the U.S. President has the complete power to pardon” — only to add that there was no point discussing pardons because the only crimes arising out of the Russia probe were leaks of classified information to hurt the administration, not misconduct by the administration. Tom Murse is a former political reporter and current Managing Editor of daily paper "LNP," and weekly political paper "The Caucus," both published by LNP Media in Lancaster, Pennsylvania. Although, scholars have tried to distinguish between the spirit and the letter of the law claiming that an exercise of such a power is arbitrary and against the spirit of the founding fathers and draftsmen of the constitution. This is an interesting article. ET on MSNBC. I however think that the argument as to whether a President can pardon himself for an offence or not should not ensue in the Nigerian context. The first keyphrase limits the use of pardons "for offenses against the United States."
This article would also survey the position under the Nigerian constitutional dispensation and would finally conclude that the answer to this pertinent question lies with court.
One could easily foresee the same sort of thing happening with an allegation that a president who pardons himself has abused the pardon power.
A self-pardon, or a pardon of others aimed at derailing a thorough investigation of possibly impeachable offenses, is thus contrary to the Founders’ intent. That is considered by some to be the strongest argument that a president has the authority to pardon himself.
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