Because Trump wants to forgive himself and his family

Analysis

Because Donald Trump wants to forgive himself and his family

The American president breaks all the rules once again. (Almost) no one can stop it.

The right to pardon is an important privilege of a president of the United States. It actually aims to undo the wrongs of the past. But it can also be misused. For example, Bill Clinton forgave oil trader Marc Rich, who fled to Zug, also because his wife was a generous donor to his campaigns. Richard Nixon’s pardon by his former deputy Gerald Ford is also controversial to this day.

Trump wouldn’t be Trump if he didn’t even set new standards. He has already forgiven his former security advisor, Michael Flynn, who has twice admitted under oath that he lied to the FBI. Trump overturned his former friend Roger Stone’s prison sentence and rescued dubious figures like Joe Arpaio, the notorious Arizona sheriff for his brutality, from jail.

Now Trump is about to make a big splash. According to the New York Times, he doesn’t just want to forgive himself, but his entire family as a precaution. As in Monopoly, he wants to give them a free pass against any prison sentences. His lawyer Rudy Giuliani should also benefit from this free pass.

The idea comes from Fox News presenter Sean Hannity. On his radio show, he called on Trump to “forgive himself and his entire family as a precaution.” This is the only way he can protect himself from being persecuted by his political opponents. But can Trump also do it? The Wall Street Journal explains:

Can the president forgive his children and friends?

Yes He can. The United States Constitution grants the President the right to give virtually unlimited graces. In 1866 the Supreme Court ruled that this right was “unlimited” except in cases of impeachment, adding: “It includes any offense known to the law and can be exercised at any time, before legal action is taken or during a trial or after a sentence “.

Children and friends can thus be forgiven. Trump wouldn’t be the first to do this. In 2000, Bill Clinton forgave his half-brother Roger and longtime girlfriend Susan McDougal.

A pardon cannot be undone, not even by the successor.

Can the president forgive himself?

Yes and no. The matter has not been legally clarified and probably never will be. This fits Trump perfectly, he made it clear for himself. As early as 2018 he tweeted: “Many law professors have said that I have an absolute right to forgive myself.”

Can the president write a blank pardon check?

This question cannot be answered even with a clear yes or no. Gerald Ford forgave Nixon for all crimes during his tenure. Jimmy Carter has issued blank checks to all young people who fled to Canada to evade military service during the Vietnam War.

Most legal scholars agree that the president cannot issue a blank pardon check for crimes that have not yet been committed. However, he can offer future forgiveness, if he is still in office.

Is there a control over the right to pardon?

The Supreme Court has ruled that the pardon is not under his control. A corrupt pardon can be pursued, but not revoked.

Trump, his family and friends are off the hook with this? Not exactly. There is an important distinction in American law, namely whether a crime is prosecuted by federal or state authorities. This means: if Washington or the capital of a single state is responsible.

The President can only forgive crimes that have been committed at the “federal” level. At the state level, it is powerless. It could be Trump’s downfall. Some of the lawsuits against him are brought by a state criminal justice agency.

A case led by Cyrus Vance Jr., attorney general for the borough of Manhattan, is particularly sensitive for Trump. It’s about the infamous payments to porn star Stormy Daniels, but possibly tax fraud as well. Trump cannot protect himself from this procedure.

This also applies to his daughter Ivanka. The District of Columbia Attorney’s Office is investigating them. These are donation-related fraud at the opening ceremony in January 2017.

Seen this way, Trump has other reasons to fight for his office besides an offended ego. It does so, however, in increasingly absurd ways. Lately he’s been joking with his once more devoted saliva, Justice Secretary William Barr. He expressed what everyone has long known: Joe Biden won the election and there is no significant election fraud. According to the Washington Post, the president wants to fire Barr just before the gate closes.