Tuesday, August 28, 2018

WHY A TRUMP PARDON OF HIMSELF OR HIS ASSOCIATES WOULD BE UNCONSTITUTIONAL

Beneath the Spin * Eric L. Wattree


WHY A TRUMP PARDON OF HIMSELF OR HIS ASSOCIATES WOULD BE UNCONSTITUTIONAL
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Legal scholars all over the country are debating whether or not Trump has the power to pardon himself. The answer should be clear but it seems that the experts are looking in the wrong place. Most legal scholars keep looking at Article II Section 2 of the Constitution which says, "The president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." But they’re overlooking another part of the Constitution that overrides that - the Presidential Oath of Office.  Article VI, Clause 3, of the Constitution requires the President to "be bound by oath or affirmation, to support this Constitution."  And the Presidential Oath of Office says the following:
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"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."
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Thus, based on the Presidential Oath of Office, Trump cannot pardon himself, or any member of his extended crime family, because the case involves himself and it's a possible cause for impeachment. It's also a direct violation of the Presidential Oath of Office. He cannot pardon crimes in pursuit of self-service because it violates his oath of office in which he swore to “faithfully, preserve, protect, and defend the Constitution ."  In addition, his successor cannot come in and pardon him later for the very same reason - he'd be failing to "faithfully, preserve, protect, and defend the Constitution” as well. 
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Yes, a precedent has been set by previous Republican presidents of pardoning their cohorts and beneficiaries in crime  - Gerald Ford, Ronald Reagan, George H. W. Bush and George W. Bush - but because we’ve been stupid in the past doesn’t mean that we should continue to be.  
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Continuing to adhere to such a corrupt policy is exactly what has led to the illegal abuse of presidential power that presidents have engaged in ever since Richard Nixon, so it is time to challenge that policy in the courts and make it clear that it’s illegal.
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Allowing  a president, or his successor, to pardon either himself, or his fellow conspirators, in order to protect and/or absolve himself of crimes committed in office is a corruption of the intent of the United States Constitution, and it’s a direct violation of his Oath of Office.  Failing to recognize that fact will eventually lead to despotism, if it hasn’t already.  George W. Bush and Dick Cheney had no compunction against lying the nation into Iraq, torturing prisoners of war, are outing C.I.A. agent Valerie Plame because they knew they had a "get out of jail free" card in their back pocket, and Donald Trump seems to be acting on the same assumption. So both, the legal need, and justification for addressing this issue is clear and simple, and anyone who can't see that is either dumb, or simply doesn’t want to see it.
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Religious bigotry: It's not that I hate everyone who doesn't look, think, and act like me - it's just that God does.


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