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Wednesday, August 30, 2017

How the pardon power could end Trump’s presidency - The Washington Post




"Philip Allen Lacovara, a former U.S. deputy solicitor general in the Justice Department, served as counsel to Watergate special prosecutors Archibald Cox and Leon Jaworski.



President Trump’s pardon of former Arizona sheriff and civil rights abuser Joe Arpaio raises the question of whether the president may act with impunity to pardon individuals caught up in special counsel Robert S. Mueller III’s investigation of the Trump campaign’s dealings with Russia. Based on my experience studying the pardon power during the Watergate investigation, I believe the answer is no.



Almost certainly, a presidential decision to preemptively pardon any of those caught up in Mueller’s investigation, whether former campaign chairman Paul Manafort, former national security adviser Michael Flynn or Donald Trump Jr., would be effective and would spare those pardoned from prosecution, at least on the federal level.



So Trump may be tempted to use this mechanism to extricate himself from what he calls derisively “the Russia thing.”



But issuing pardons to his own friends, associates and relatives could be a perilous path for Trump, creating additional exposure on two levels, criminal and political — both flowing from an important proposition that is often overlooked in the debate over presidential power. Our legal system provides mechanisms for probing the intent and motives behind the exercise of power. The president may have the power to grant effective pardons in the Russia investigation, but both Congress and the federal prosecutor are entitled to determine whether the exercise of that power violates constitutional and statutory norms."



How the pardon power could end Trump’s presidency - The Washington Post

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