QuickTidal, on 19 December 2019 - 06:49 PM, said:
Terez, on 19 December 2019 - 06:37 PM, said:
Any "buzz" about what Pelosi is going to do is basically the beltway pundit class projecting their own strategy onto her. They've been doing it all throughout this process, and they're almost always wrong.
I guess it's not in the news for any real reasons then, or?
Again, it's just punditry and projection. Any time Pelosi or Nadler or Schiff has been asked about it, they have indicated that this is not part of their plans, at least until very recently, and the minor lip service they have given to the idea doesn't make me think there's any great strategy here. The Senate is going to do what it's going to do and in Pelosi's calculation there's probably not much or any benefit to waiting. There's a bit of process before they send the articles over, like choosing impeachment managers, but I don't expect this to happen any later than January.
QuickTidal, on 19 December 2019 - 06:49 PM, said:
Terez, on 19 December 2019 - 06:37 PM, said:
Impeachment has no bearing on pardons as long as your VP is willing to pardon you, and Pence would pardon Trump for literally any federal crime.
As I understand it, this is not correct. Nixon resigned instead of getting impeached because he feared this factor.
Article II, section 2 of the Constitution gives a president the power to pardon anyone who has been convicted of offenses against the United States, with one exception: "In Cases of Impeachment." If Trump is impeached by the House, he can never be pardoned for these crimes. He cannot pardon himself, and he cannot be pardoned by a future president. ~ Robert B. Reich is an American political commentator, professor and author. He served in the administrations of Presidents Gerald Ford, Jimmy Carter and Bill Clinton.
Terez, on 19 December 2019 - 06:37 PM, said:
Trump can be pardoned for those.
No, apparently he cannot now that he's been impeached. See above.
The narrowest interpretation of the impeachment exception—the consensus interpretation—is that the president cannot protect anyone, including himself, from the impeachment process itself, which is solely a power of Congress. It's a separation of powers issue. So if, for example, a judge is being impeached, he cannot pardon that judge and stop the impeachment process, or overturn an impeachment conviction (which is, of course, different from a criminal conviction).
Even the broadest interpretation of the impeachment exception (that he cannot be pardoned in criminal law for crimes he was impeached for) wouldn't apply to the campaign finance violations Cohen went to jail for, because Trump hasn't been impeached for that. But that broad interpretation is not widely considered to be a viable interpretation, anyway, and it has never been tested in court. Again, either way, it won't apply to Trump because neither of the articles of impeachment apply to any of the crimes he is likely to be charged with when he leaves office. But even if it did, and Pence pardoned him, and someone with standing challenged that pardon in court, it would probably eventually go in Trump's favor because the current SCOTUS is very keen on executive power.
Basically, at this point there are only two ways Trump can avoid being charged with federal crimes:
1. He gets convicted in the Senate, and Pence takes office and pardons him for any crimes he might have committed.
2. He gets acquitted in the Senate, and wins reelection in 2020, and the statute of limitations runs out on
most of the crimes he could be charged with.
Obviously, if 1 fails to happen, he will do whatever is in his power to make 2 happen. He will cheat in every imaginable way to stay in power. And as it stands right now, it's almost certain that the Senate will allow him to do it.