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real-human
Joined: 02 Jul 2011
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real-human
Joined: 02 Jul 2011
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 Posted: Fri Dec 04, 2020 3:11 pm Post subject: |
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impeach him over all crimes and his cronies. he can not pardon over impeachment.
but to his liars he is pardoning, again only federal crimes, once pardoned when the liars lie again it is a new crime not covered by the pardon...
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wsurfer
Joined: 17 Aug 2000
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| Posted: Fri Dec 04, 2020 8:45 pm Post subject: |
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| Only in Trumpland! |
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mac
Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California
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| Posted: Sun Dec 06, 2020 7:53 pm Post subject: |
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Interesting take on what is required.
| Quote: | pinion by Aaron Rappaport
Dec. 3, 2020 at 3:38 p.m. EST
Add to list
Aaron Rappaport is a law professor at the University of California Hastings College of the Law.
President Trump’s holiday gift list, news reports suggest, may include broad pardons for his three oldest children and his personal lawyer, Rudolph W. Giuliani, even before they have been charged with any crimes. But if Trump believes such pardons would protect the recipients from federal prosecution, he should think again. In addition to violating core democratic ideals, such a move might well prove beyond his constitutional authority.
Pardons come in many varieties, but the vast majority are issued to individual offenders for specific charges or convictions. Blanket pardons for individuals — such as Gerald Ford’s pardon of Richard Nixon for “all offenses against the United States” — are exceptionally rare. Over the past half-century there is only one other example: George H.W. Bush’s pardon of officials caught up in the Iran-contra affair “for all offenses” within the jurisdiction of the independent counsel.
Both of these pardons were heavily criticized at the time, and with good reason. A blanket pardon inevitably hides from public scrutiny what is being immunized, undermining accountability. It offers the opportunity for unscrupulous presidents to protect friends and accomplices from the reach of the law. And it can lead to errors, since the pardon may immunize an offender for crimes beyond the president’s intentions. This is not to say that blanket pardons have no benefits; some believe that Ford’s pardon of Nixon helped the nation move on from Watergate. But the risks of a blanket pardon outweigh the benefits.
Trump, of course, has never been one to concern himself with these niceties. And that raises the question: While blanket pardons are unseemly, are they also unlawful exercises of the president’s pardon power? The pardons for Nixon and the Iran-contra defendants don’t offer an answer, since neither was challenged in court.
Most observers assume that the president is free to issue blanket pardons, believing the president’s power in this area is effectively unlimited beyond the few constraints explicitly mentioned in the Constitution (no pardons in cases of impeachment, or for state crimes). My scholarship suggests that interpretation is incorrect.
In fact, based on the Framers’ original understanding of the pardon authority, the better reading is that, while the pardon power grants the president expansive authority, that power is not unlimited. Most importantly, the Framers would have understood that pardons must be issued for specific crimes. They were not intended to be broad grants of immunity, get-out-of-jail-free cards bestowed by presidential grace.
The Supreme Court has repeatedly affirmed that the scope of the pardon clause should be interpreted in light of its meaning at the time of the founding. This originalist methodology means looking to 18th-century English law. As the court said in an 1855 case, “when the words to grant pardons were used in the constitution, they conveyed to the mind the authority as exercised by the English crown, or by its representatives in the colonies. At that time both Englishmen and Americans attached the same meaning to the word pardon.”
That meaning included what might be called a “specificity requirement” — a pardon would be deemed valid only if it identified the specific offenses to which it applied. As William Blackstone, the leading authority on English law at the time, declared: “A pardon of all felonies will not pardon a conviction.” Instead, the offense “must be particularly mentioned.” Blanket pardons, in other words, were invalid.
Notably, the British king once possessed broader pardon powers, which were curbed starting in the late 17th century. The precipitating event involved King Charles II, who, facing financial difficulties, sent a secret emissary to France to collude with the French king. In return for a large cash payment, Charles agreed to a deal: England would join France in invading the Netherlands. When the details of this collusion leaked, Parliament responded in anger. Although it could not punish Charles directly, Parliament impeached and then imprisoned the emissary. In response, the king pardoned the emissary. When it was all over, several new constraints on the king’s pardon authority were established.
Since English law informs our own understanding of the pardon power, there is a strong argument that the specificity requirement is part of our Constitution and serves as a constraint on the president’s authority. That would not prevent the president from issuing pardons to anyone for any reason, but it does require that each pardoned crime be listed.
In the case of his family and personal lawyer, such a list might prove embarrassing to the president — and edifying to the public. In this way, specificity raises the political costs of issuing such pardons. It also reduces the pardon’s effectiveness. Should a relevant offense be left off the list, the pardon’s recipient would be vulnerable to prosecution.
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nw30
Joined: 21 Dec 2008
Posts: 6485
Location: The eye of the universe, Cen. Cal. coast
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| Posted: Tue Dec 08, 2020 2:48 pm Post subject: |
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| "Pardon me, I'm just trying to get some Ranch" |
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real-human
Joined: 02 Jul 2011
Posts: 14876
Location: on earth
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| Posted: Sun Dec 13, 2020 9:41 am Post subject: |
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https://www.msn.com/en-us/news/politics/trump-can-t-protect-himself-from-new-york-prosecutors-with-a-self-pardon-says-the-state-senator-who-wrote-the-law-to-explicitly-stop-this-from-happening/ar-BB1bRQw1?ocid=msedgntp
Trump can't protect himself from New York prosecutors with a self-pardon, says the state senator who wrote the law to explicitly stop this from happening
| Quote: | President Donald Trump can't prevent New York prosecutors from pursuing him and his family even if he pardons them, said a state senator who wrote the law to stop this from happening.
In October 2019, New York Sen. Todd Kaminsky helped write legislation that closed the state's double-jeopardy loophole, which had stopped the state from pursuing cases pardoned by a president.
Trump and his organization currently face a string of investigations in New York, and the president is reportedly considering pardons for his family and associates.
"We knew that the president was corruptly using the pardon power," Kaminsky told Insider, citing Trump's 2017 pardon of Sheriff Joe Arpaio.
"If the president pardoned his own family member for something he did running the president's business ... that would fall squarely into our law," he said.
Visit Business Insider's homepage for more stories.
President Donald Trump can't dodge New York prosecutors with a self-pardon, according to a state senator who wrote the law to stop things like this from happening.
In October 2019, Sen. Todd Kaminsky helped pass legislation to close New York state's double-jeopardy loophole, which had prevented prosecutors from bringing charges against those who had avoided similar charges at federal level due to a presidential pardon.
And, as the end of the the Trump presidency nears, the president is reportedly considering pardons for his family, his associates, and himself. Presidents can self-pardon, but it would only apply to federal offenses.
Trump and his family face numerous lawsuits after he leaves office, many of which are in New York.
Letitia James, the state's attorney general, is conducting an investigation into the Trump Organization's financial dealings.
Cyrus Vance Jr., the Manhattan district attorney, is investigating Trump and the Trump Organization on suspicion of bank and insurance fraud.
Legal experts have said that a self-pardon by Trump would be a corrupt move. The president has also been accused of using his pardoning power corruptly in the past. Three weeks ago, he pardoned his former national security advisor Michael Flynn, who in 2017 pleaded guilty to lying to the FBI.
a group of people posing for the camera: New York State Sen. Todd Kaminsky speaking at the Capitol in Albany, New York, in May 2019. Tim Roske/Associated Press© Tim Roske/Associated Press New York State Sen. Todd Kaminsky speaking at the Capitol in Albany, New York, in May 2019. Tim Roske/Associated Press
Kaminsky, a former assistant US attorney in the Eastern District of New York, said closing the state's double-jeopardy loophole meant that prosecutors could now indict anyone who had pardoned by the president. All presidential pardons apply to federal cases.
"We knew that the president was corruptly using the pardon power," Kaminsky told Insider. "He did it in a number of instances. And the immediate question is, well, is there any way to seek justice in those cases?"
Kaminsky cited the much-criticized pardon of Sheriff Joe Arpaio in August 2017, which nullified Arpaio's conviction for violating a court order to stop racially profiling Latinos.
"We realised that New York didn't have that path to go down, almost because of a technical problem from the 1960s," he said. "We thought New York was too important to have one hand tied behind its back, or both hands tied behind its back."
New York State introduced its own double-jeopardy law in 1969 after a Supreme Court decision introduced the dual sovereignty of states and federal government, which permitted state prosecutors to pursue the same cases at a federal level. The double-jeopardy law effectively protected people who had been tried for similar charges at a federal level.
"A person may not be separately prosecuted for two offenses based upon the same act or criminal transaction," the law said.
Read more: Meet Donald Trump's new nemeses: The 15 prosecutors and investigators from New York who are primed to pepper the ex-president with history-making civil and criminal probes
'The New York authorities will stop at nothing'
Kaminsky, while giving no specifics, alluded to the existing suits being brought against the Trump Organization and its business.
"If the president pardoned his own family member for something he did running the president's business, or for something he did on the president's campaign ... that would fall squarely into our law and get at the 'corrupt use of the pardon' power we are intending to address," Kaminsky said.
Trump's children are involved in the ongoing investigations. For example, Eric Trump, who oversees the Trump organization, was deposed on October 7, 2020 by Attorney General James' office.
In recent weeks, prosecutors working with District Attorney Vance have also interviewed employees of Deutsche Bank, the Trump Organization's banker, and Aon, the company's insurer, according to The New York Times.
a person wearing a suit and tie talking on a cell phone: From back to front: Eric Trump, Ivanka Trump, first lady Melania Trump, Tiffany Trump, and Donald Trump Jr. at the first presidential debate in Cleveland, Ohio, on September 29, 2020. JIM WATSON/AFP via Getty Images© Provided by Business Insider From back to front: Eric Trump, Ivanka Trump, first lady Melania Trump, Tiffany Trump, and Donald Trump Jr. at the first presidential debate in Cleveland, Ohio, on September 29, 2020. JIM WATSON/AFP via Getty Images
The president has expressed concern at the prospect of being indicted in New York after he leaves office on January 20.
"I hear that these same people that failed to get me in Washington have sent every piece of information to New York so that they can try to get me there," he said last week.
New York authorities are making progress in their investigations, though no indictments have been issued.
Earlier this year, Vance won a Supreme Court ruling that confirmed he could obtain Trump's tax returns and other financial documents, and James secured a settlement that forced Trump and his children to pay $2 million for breaking charity laws.
Alan Dershowitz, a leading attorney who defended Trump during his impeachment, recently told Insider: "The New York authorities will stop at nothing to go after him."
What else could happen?
Trump first aired the idea of a self-pardon in 2018, tweeting: "I have the absolute right to PARDON myself." Late month he also retweeted a post that called on him to pardon himself.
But on Tuesday, Attorney General James said that Trump could opt for another tactic, which is to step down before his term is up so that Vice President Mike Pence can assume the presidency and pardon him.
"I suspect at some point in time he will step down and allow the vice president to pardon him," she said.
It is not just in New York that Trump is facing legal trouble.
In Washington, DC, and Maryland, Trump is accused violating the emoluments clause of the US Constitution by holding official events at his properties in 2017. No verdict has been made in the cases.
The Washington, DC, attorney general has also accused Trump's inaugural committee of funneling money into Trump's family business.
Ivanka Trump, the president's daughter, was deposed by the Attorney General's office in Washington, DC, on December 1, as part of that investigation.
Read the original article on Business Insider |
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when good people stay silent the right wing are the only ones heard. |
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mac
Joined: 07 Mar 1999
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| Posted: Tue Dec 22, 2020 9:19 pm Post subject: |
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| Many more pardons to ensure omerta among the criminal conspiracy in the White House. Even more to come. |
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boggsman1
Joined: 24 Jun 2002
Posts: 9120
Location: at a computer
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| Posted: Tue Dec 22, 2020 10:08 pm Post subject: |
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| Gonna be the longest 29 days in the history of calendars.. |
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vientomas
Joined: 25 Apr 2000
Posts: 2343
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| Posted: Wed Dec 23, 2020 9:39 pm Post subject: |
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The 2nd wave of pardons from Mr. Law and Order. 
Oh how the minions lapped up the "law and order" shtick. |
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real-human
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