More Musings on Self-Pardons

Until it is tested and reviewed by SCOTUS, there really is no definitive answer to whether or not POTUS can self-pardon. The primary argument that he may have the right to self-pardon lies in the absence of explicit instructions in the US Constitution.

Article II, Section 2
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Vox covers the range of expert opinions on the matter, while Lawrence Tribe, Richard Painter and Norm Eisen expand on some of the issues.

In general, there are two concepts why POTUS cannot self-pardon:

1. Justice is a concept that holds a fundamental understanding that a person cannot be the judge in his own case. Self-pardoning, firstly, is a determinative statement of a criminal violation, for which, secondly, one is absolved from.
2. Additionally, Justice also denotes the fundamental belief that no one is above the law. Without a means to a court trial, a self-pardon would place one above the law in absolute terms.

Almost all arguments against self-pardoning can be filtered down into those two concepts. There are other issues that should be considered.

• Simply invoking a self-pardon does not flip a switch. People must be willing to recognize that power and abide by it. 
• Invoking a self-pardon could trigger an immediate response to impeach. Upon removal from office, POTUS could be prosecuted at the state level for state crimes -- things that cannot be pardoned at the federal level.
• Were POTUS to temporarily transfer power to VPOTUS, VPOTUS could, as Executive, pardon POTUS, then transfer power back. Upon doing so, POTUS would then pardon VPOTUS for potential Conspiracy to Obstruct Justice. That would surely result in the co-impeachment of POTUS and VPOTUS, but impeachment is a political process and one that Republicans cannot be counted on supporting against two of their own.

For some people, this might be a scary time. To me, this is a fascinating time to be alive and to witness historically important events that will shape the future of this country for a very long time. Also, there is no escaping the inevitability of infamy attached to the name, Trump. I'm loving it.