The Mudcat Café TM
Thread #168285 Message #4087888
Posted By: Donuel
14-Jan-21 - 08:18 AM
Thread Name: BS: Trump Actions and Effects
Subject: RE: BS: Trump Actions and Effects
Even if the president is impeached and subsequently convicted for abusing their pardon power, the remedy would be limited to removal from office and disqualification from future office. So the individual president is removed from power, but their acts are not undone.
In fact, the CRS noted that some have argued impeachment is “useless against a president . . . who grants controversial pardons in the very last hours of his tenure.” Meaning the president can grant whichever pardons they want just before they leave office and nothing can stop them.
And there are no other ways to stop a presidential pardon either. A footnote in a 1977 William and Mary Law Review paper said, “the pardon remains effective despite removal of the president for issuing it. Once delivered, a pardon cannot be revoked.” And there’s no evidence that this has changed in the 40 years since it was written.
So, a pardoned person will remain pardoned even if a president is impeached and convicted. Once the paperwork is complete and the person is officially pardoned by the president, there is no precedent for undoing it.
Courts will probably overturn a self pardon.