If Trump is elected President is there anything stopping him from pardoning himself and all the January 6th "convicts"?

submitted by IkeConn from self.AskSaidIt

Not a lawyer. Still want to know.

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[–]Hematomato 7 insightful - 2 fun7 insightful - 1 fun8 insightful - 2 fun -  (5 children)

He can pardon himself, and anyone he wants to, on any and all Federal charges.

He does not have the power to pardon anyone on state charges, so if he's convicted in Georgia, etc., then we'd have to figure out what to do. Furlough him from prison for four years, maybe? Totally untested waters, obviously.

[–]WoodyWoodPecker 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

There has to be a governor to pardon state crimes.

[–]Vulptex 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

Good point.

[–]Alienhunter 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

Unless Trump is given a pardon it would be a civil war.

President is commander and chief of the armed forces. President gives the order to the army to break him out. Army splits on that order. Civil war begins. Ends up with a military dictatorship run by the survivors.

[–]Hematomato 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

I'm not sure the army would split.

I get the sense that Trump has never really cultivated any loyalty at all among the top brass. Remember when he Tweeted "I am banning all trans people from the military" and the military leadership replied "Tweets are not orders" and simply didn't do it?

I think if he said "Break me out of prison," they might just say "Nah bro."

Which isn't to say that a coup is impossible. But I think a coup would probably be pretty united. The military would just unanimously say "Okay, the civilian government has totally failed and we're taking over for a while."

[–]GuyWhite 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

Yeah, but once in power, he could turn the tables by arresting the state/local prosecutors on “Trumped-up” (pun intended) federal charges.

[–][deleted] 3 insightful - 2 fun3 insightful - 1 fun4 insightful - 2 fun -  (0 children)

He better.

[–]Vulptex 2 insightful - 2 fun2 insightful - 1 fun3 insightful - 2 fun -  (2 children)

Apparently most legal experts believe that the president cannot pardon himself. But they admit there's no solid basis for such a notion.

He could absolutely pardon anyone else however. But only for past charges. The president cannot pardon future crimes.

[–]jet199 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (1 child)

For future crimes you just change the law.

[–]Vulptex 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

He can't change any law he wants. He needs to get Congress's approval. Though I suppose executive orders override even the Constitution these days.

[–]jet199 2 insightful - 2 fun2 insightful - 1 fun3 insightful - 2 fun -  (0 children)

No, but it's better to win on appeal than get a pardon because a pardon insinuates you were guilty but let off.

This is why Nixon was pardoned.

[–]jamesK_3rd 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

He could've pardoned them before.. instead he have Fauci the medal of freedom or whatever.