>> The Constitutional Pardon Power is absolute. There is no “review.” <<
Wrong. If the SCOTUS decides to review the case, there will be a review.
(I’m not saying that’s a good thing, but merely that it’s a fact.)
Hi.
“Wrong. If the SCOTUS decides to review the case, there will be a review.”
The president’s pardon power under the Constitution is “plenary.”
A SCOTUS “review” would trigger a constitutional crisis.
5.56mm
“Wrong. If the SCOTUS decides to review the case, there will be a review.”
Kinda, they can review it, look at it, study it, whatever...but they may not overturn it. The entire POINT of pardon power is the executive has overruled a judge. That would be meaningless if a federal judge could then overrule his pardon.
The only way to deal with a pardon deemed inappropriate would be impeachment.
Furthermore, the president has given a pardon. Say the Supremes want to review the case. Arpaio can flip them the finger and does not have to respond to anything regarding this case. He has been pardoned.
So maybe they want the US Atty and the Justice department to come present the facts to them.
That’s the executive and Trump can legally order them to not respond because the case is over....HE ended it.
So the Supremes hand out subpoenas and want them executed. The US Marshal Service is executive also, Trump legally orders them to take zero action on the case.
The Supremes have no method to “review” this. They have no authorized power to do this per the constitution.