Posted on 05/28/2016 2:43:51 PM PDT by 2ndDivisionVet
Towards the end of April and into early May, several news outlets ran reports (citing anonymous sources) that the FBI investigation into Hillary Clinton’s use of a private e-mail was expected to be wrapped in the coming weeks. However, a few weeks later, FBI Director James Comey met with reporters and indicated the Bureau had no set timeline for completing the investigation. He even stated that the upcoming political conventions and general election would not factor into when the investigation would be completed.
So, lets take Comey at his word and imagine this scenario:
It is Friday, January 20, 2017 and Hillary Clinton has just been sworn in as the 45th President of the United States after narrowly defeating Donald Trump in November. Republicans managed to hold both the House of Representatives and the Senate. A few weeks after winning the election, however, the Department of Justice handed down a multi-count indictment against Clinton over her handling of classified information and her involvement in an alleged pay for play scandal with the Clinton Foundationduring her time as Secretary of State. It is a scenario that several of our commentators, and twitter followers have asked us to analyze.
As I am sure you can imagine, such a situation would cause a political firestorm of epic proportions. But before dismissing this scenario as some sort of wild fantasy, be reminded that we are talking about the Clintons who are no strangers to bizarre scandals (bringing nearly all of them upon themselves). In fact, a delayed announcement would be similar to what happened with David Petraeus in 2012 when DOJ sat on announcing that investigation until three days after the election.
Now, back to January 20, 2017. Could a future President Hillary Clinton pardon herself?
The short answer is she could certainly try, and may very get away with it. What’s more, there is likely little Congress could do about it — even with a Republican controlled House of Representatives and Senate. Here is why.
The president’s pardon power comes from Article II, Section 2 of the United States Constitution that provides, “The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
Based on the language of Article II, Section 2, the only limits placed on the power are that pardons may only be issued for federal offenses (not civil or state crimes), and a pardon cannot override the Congress’ impeachment power. Presidents have used this power to issue pardons in a wide range of matters throughout the country’s history. However, no president has ever attempted to pardon himself.
As a result, the legality of the self-pardon remains an open question. There are persuasive arguments on both sides. For the sake of brevity, the two arguments can be boiled down to this: (1) those that argue a self-pardon violates longstanding legal principals that a person should not act as their own judge and that no person is above the law; and (2) those, including Richard Nixon’s attorneys in the aftermath of Watergate, that argue that power to pardon is broad and unlimited, except for the two specific limitations mentioned in the Constitution.
So, assuming Clinton follows the latter approach and issues the self-pardon, where does that leave Congress? Could the House of Representatives start impeachment proceedings based on the criminal indictments?
That answer to that question is a resounding “no.”
Under Article II, Section 4 of the Constitution, “The President… shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
The Constitution further provides that impeachment proceedings are to begin in the House of Representatives and if approved by a simple majority vote, the matter proceeds to the Senate for trial. When the president is tried, the Chief Justice presides over the Senate trial. A conviction requires a 2/3-majority vote and the Senate may impose punishment including barring the individual from holding future office. Although, the Senate is required to take an additional vote if it wishes to impose a ban on holding future office.
In Clinton’s case, however, the conduct underlying this hypothetical indictment occurred prior to her taking office. The House of Representatives, as far back as 1873, has determined that a person cannot be impeached based on conduct prior to them holding office. In other words, House precedent says a President Hillary Clinton could not be impeached as president for crimes related to the e-mail server or the Clinton Foundation.
In 1873, the House of Representatives considered impeaching the Vice President for crimes committed before he took office. After considering the matter, the House determined impeachment was only proper for crimes committed while in office.
So, under this precedent, a President Hillary Clinton could pardon herself without the Congress being able to do anything about it.
However, all options may not be exhausted. There remains a possibility that self-pardon is grounds for impeachment as an abuse of power. Furthermore, there is the possibility of impeaching Clinton back from her time as Secretary of State.
These scenarios will be investigated in Part II coming later this week on LawNewz.com.
OBama will pardon her before this goes much further.
She would just ignore any judgment.
Why does she need a pardon when she won’t be indicted?
Congress is already helpless.
One can be impeached for anything Congress wants to impeach for.
All it takes is the political will. No crime is necessary.
They can impeach her for her screech, if the population demands it from their representatives.
Helpless to act? How about impeachment?
Congress can’t impeach for things which happened before the office holder was in office ??
Okay as far as it goes.
However if Hillary were to pardon herself, it seems to me that such a pardon,,issued in her official capacity as president , would be an impeachable offense.
Anyone else agree?? Certainly there is no way to interpret the constitution and other laws, and conclude that a president can pardon himself/herself.
Seriously doubt any criminal charges are forthcoming.
The FBI can’t indict and Loretta Lynch won’t.
If Clinton is convicted before the election, whether or not she is in jail, she can still be President, if that is the will of the citizen electorate.
The problem is that Republicans might be spineless ... again.
The problem is that Republicans might be spineless ... again.
There is your problem, the feckless Republican Congress.
They will issue a statment: Oh my, this is very disturbing. We will have to look into it and then.......nothing.
The Republicans will not be spineless again, they’ve never stopped.
Full blown non-stop cowardly behavior, as well as lying to their voters, and arrogance towards anyone that thinks like Trump, has been going on since obama came on.
“OBama will pardon her before this goes much further.”
You could be correct, but I see a problem with that. To pardon her before being charged is an admission that a crime had been committed. And to pardon her after she has been charged is an admission she is guilty.
Same goes if she pardons herself. But if this happens it just smells of something a banana republic dictator would do.
Make sense - anyone?
Not if it is for a violation of the FOIA.
The law specifically prohibits being elected to a federal office.
It was intended to be a political death penalty.
A self-pardon may be the one thing that would unite Democrats against Hillary.
If they didn’t take a stand against her, It would destroy the party for the foreseeable future.
Yes, there would be people that would still support her, but not enough to build a majority coalition.
That would require some kind d if admission....genetically impossible for a Klinton.
“”the House determined impeachment was only proper for crimes committed while in office. “”
Doesn’t the second paragraph contradict the first? Congress being unable to do anything and then possibly impeaching her for her conduct as SOS?
“”So, under this precedent, a President Hillary Clinton could pardon herself without the Congress being able to do anything about it.
However, all options may not be exhausted. There remains a possibility that self-pardon is grounds for impeachment as an abuse of power. Furthermore, there is the possibility of impeaching Clinton back from her time as Secretary of State.””
The most disturbing thing is that million of people would want Her Thighness as President whether she committed these crimes or not.
ROFL....she has to get there first, which she isn’t going to be doing....
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