{"id":16119,"date":"2018-06-06T17:16:11","date_gmt":"2018-06-06T22:16:11","guid":{"rendered":"http:\/\/huewhite.com\/umb\/?p=16119"},"modified":"2018-06-06T17:16:11","modified_gmt":"2018-06-06T22:16:11","slug":"that-self-pardon-ctd","status":"publish","type":"post","link":"https:\/\/huewhite.com\/umb\/2018\/06\/06\/that-self-pardon-ctd\/","title":{"rendered":"That Self-Pardon, Ctd"},"content":{"rendered":"

The self-pardoning tweet<\/a> of President Trump has led to quite a lot of feedback from various commentators, which Jack Goldsmith helpfully collects <\/a>into one post on Lawfare<\/b><\/i>. Jack’s conclusion after surveying the crowd?<\/p>\n

[Alan] Dershowitz is probably right to emphasize that in the unlikely event a president is willing to take on the political costs of self-pardoning, it is unlikely that a court will ever decide whether such a pardon is lawful. First, \u201ca prosecutor would \u2026 have to try to prosecute the former president.\u201d Then, \u201cthe former president would have to raise the pardon as a defense.\u201d Finally, \u201cthe courts would have to decide whether, under our system of separation of powers, the courts have jurisdiction to review a presidential self-pardon.\u201d Dershowitz might have also mentioned that the successor president could, without legal controversy and to alleviate doubt, pardon the self-pardoned former president.<\/p>\n

In sum, there is no obvious right answer on the validity of self-pardons, and if Trump becomes the first president to pardon himself, a court will probably not provide an answer.<\/p><\/blockquote>\n

Far be it from me to disagree, but as a software engineer, this strikes me as one of those ugly corner cases which really needs a resolution, if only to make our future more predictable. Furthermore, I would hope that the judiciary would find against any such right of the President, for reasons I cited here.<\/p>\n

The entire self-pardoning power, if permitted to exist, would be a weak ligament in the otherwise strong system of government we currently enjoy. This is not to suggest that these are not troubling times for non-Trumpists, but we’re not on the edge of armed insurrection; the resistance, outside of, perhaps, the antifa<\/i>, seem dedicated to operating within the parameters of the law.<\/p>\n","protected":false},"excerpt":{"rendered":"

The self-pardoning tweet of President Trump has led to quite a lot of feedback from various commentators, which Jack Goldsmith helpfully collects into one post on Lawfare. Jack’s conclusion after surveying the crowd? [Alan] Dershowitz is probably right to emphasize that in the unlikely event a president is willing to \u2026 Continue reading → <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-16119","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/16119","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/comments?post=16119"}],"version-history":[{"count":1,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/16119\/revisions"}],"predecessor-version":[{"id":16120,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/16119\/revisions\/16120"}],"wp:attachment":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/media?parent=16119"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/categories?post=16119"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/tags?post=16119"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}