Just think, a week from now... Donald Trump won't be president. :)

*************************

Counting down the hours!

By the way, even when he's out, there can still be a trial since he's been impeached.  It's happened once before to William Belknap

No argument about the guy being a clown, but Trump is the same guy who hired Giuliani and kept him on all this time until just recently, so Trump doesn't seem to mind clowns. He even tries to look like one himself. LOL!

It's not the best analogy. I'll get to that in a bit (bear with me and apologies for the long post that is coming up).

The original statement from Kevin was this: "Once again, Trump CANNOT be pardoned.  He's impeached, twice now.  This is Constitutional law."

Again, the constitution:

"He shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."

The first question is what exactly is he pardoning himself for.

If it is all crimes with the exception of those for which he is accused in his impeachment, should he have the power to do that under the plain reading of the power of pardon clause.

Ok, so the fruit analogy. Why do I think it's not so good? First because it's about a power to give something, not a preference. How about:

You can give any fruit, except in the case of oranges.

So the question that you seem to be ignoring is can you give the fruit to yourself. I'd say the answer is yes, so long as it's not an orange. But we don't know for sure.

Then, we do have to make it more complicated because there is the clause about 'judgment of impeachment' which says the senate's power does not extend beyond removal of office and the various disqualifications. And then, separately, he is subject to the normal law of the land for further prosecution of these crimes.

One reading therefore (and I would contend it is the most straightforward reading) is that 'cases of impeachment' and 'judgment of impeachment' are the same thing. An impeachment case is judged by the senate. They have the power to remove from office and disqualify from office, but no more. The president cannot use his power of pardon to interfere in this.

However, prosecution under the law outside of impeachment proceedings would possibly be pardonable. As long as he is president he still holds the power of pardon. The impeachment has not begun yet. If he were to issue himself the same pardon Ford gave to Nixon, I think there is a some argument it may protect him from all Federal prosecutions (but not removal from office by impeachment, prohibition from future office, and obviously state and civil cases).

This ends up being more obscuring than helpful, but the analogy would be more like:

If someone tries to take away your fruit, you have the power to hold on to it, apart from in the case of oranges.

In the case of oranges, we can take two segments of your fruit if we decide it is indeed an orange. Any remaining orange may be subject to be taken away by another person.

And this is still clear as mud: because it doesn't clear up absolutely whether he can withhold the fruit from the second person even if it is an orange if the first person doesn't determine it's an orange...

Let's say Trump is hoping to give himself a blanket pardon. It reads:

" I, Donald J. Trump, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto myself, Donald J. Trump, for all offenses against the United States which I, Donald Trump, have committed or may have committed or taken part in during the period from June 14, 1946 through January 20, 2021."

And let's say he is impeached for Insurrection following the 2020 Presidential Election.

And let's say that separately a federal prosecutor wants to go after him for accepting donations from foreign nationals.

So what happens here?

First, is the pardon just flat out unacceptable because he is pardoning himself? The constitution does not spell it out, but I would lean toward he can do this.

Second, if the pardon is acceptable, does it block the impeachment for insurrection. Clearly, no. The constitution does spell that out.

Third, does the pardon apply to the separate prosecution for accepting donations? I would say it does (in spite of Kevin's assertion that he CANNOT be pardoned because he has been impeached not just once, but twice).

Fourth, if he is found not guilty of insurrection by the senate, does his pardon apply if a consequent  criminal federal prosecution follows? I would say yes, but this one is slightly murky.

Fifth, if he is found guilty of insurrection by the senate, does his pardon apply to a consequent criminal prosecution at the federal level? I'd say maybe, but really not sure and this is much murkier.