Lion of the Blogosphere

The President’s pardon power

with 20 comments

Maybe someone has been reading my blog. Last month I recommended that Trump should pardon Flynn.

From today’s Washington Post:

Trump has asked his advisers about his power to pardon aides, family members and even himself in connection with the probe, according to one of those people. A second person said Trump’s lawyers have been discussing the president’s pardoning powers among themselves.

Another question I have: Who is leaking this stuff to the press? Any lawyer talking about confidential conversations with clients should be disbarred.

Written by Lion of the Blogosphere

July 21, 2017 at 7:02 am

Posted in Law

20 Responses

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  1. President Trump needs to pardon Flynn, fire Mueller and replace Sessions with a pitbull AG. The problem is that the swamp rats are not afraid of Trump, he may be President but he is not feared because the establishment is protecting all the insiders. Start sending some of them to prison and things will change quickly.

    Jimbonobo

    July 21, 2017 at 7:11 am

    • Sessions can’t be replaced. There is literally no one else in Washington (except maybe Kris Kobach?) who would support Trump’s priorities rather than undermine them.

      Mike Street Station

      July 22, 2017 at 7:25 am

    • Trump IS the swamp rat.

      All of your suggestions play out the same way. Flynn is the only person Trump’s shown loyalty towards, and exercising a pardon — for anyone — will be a huge political blow. If he fires Sessions, it will just put a spotlight on confirmation hearings for the next AG, who will no doubt be asked if s/he would fire Mueller. Getting rid of Mueller would be the most disastrous of all, and draw non-stop Nixon comparisons. Trump’s in this situation because — I know, I know, the deep state is colluding against him. He’s in this situation because he fired Comey.

      Vince

      July 22, 2017 at 12:08 pm

      • Actually, Trump fired Flynn.

        Lion of the Blogosphere

        July 22, 2017 at 1:38 pm

      • He’s in this situation because he fired Comey.

        Trump’s in this situation because he named Sessions his AG.

        Andrew E.

        July 22, 2017 at 4:28 pm

  2. The Russia thing will just go away quietly as soon as a 3rd party inspects the DNC email server.

    Camlost

    July 21, 2017 at 7:12 am

  3. Nobody is leaking anything

    It is fake news

    The news makes up a story that sounds plausible, then claims an anonymous person claiming to be a whistle blower told them

    If the whistle blowers were real trump would be impeached by now, someone would testify on collusion between trump and Russia

    The Republicans want pence as president, the Democrats want trumps head

    Hbd investor

    July 21, 2017 at 9:57 am

  4. Any lawyer talking about confidential conversations with clients should be disbarred.

    I’ve always had a question about attorney-client privilege, actually. Is it absolute? Do, for example, murderers (who *know* they’ve done it) tell their defense attorneys that they did it, and the attorneys argue for them anyway? Did O.J. tell his dream team, “Yeah, I did it – now get me out of it…”?

    SJ, Esquire

    July 21, 2017 at 3:20 pm

    • It’s absolute, at least regarding past behaviour. But a lawyer can’t suborn a witness. So if OJ told them he was guilty then his lawyers couldn’t have put him on the stand.

      Lawyers know this and will never directly ask you if you’re guilty.

      Thagomizer

      July 21, 2017 at 4:55 pm

      • Thanks; I knew a friendly lawyer would be along shortly to answer me!

        It still seems likely, though, that some defense attorneys would “know” (or strongly suspect) that their clients were guilty, and defend them anyway. Must take a weird personality.

        SJ, Esquire

        July 21, 2017 at 8:30 pm

      • Of course defense attorneys know their clients are guilty.

        Lion of the Blogosphere

        July 22, 2017 at 6:52 am

      • There’s also the rationalization that everyone is entitled to the best possible defense, and an adversarial system of justice will prove best for most people in the long run.

        Vince

        July 22, 2017 at 12:01 pm

      • Every defendant has a constitutional right to make the prosecution prove its case beyond a reasonable doubt.

        Lion of the Blogosphere

        July 22, 2017 at 1:37 pm

      • Of course defense attorneys know their clients are guilty

        Well, then, as I said, those guys must not be right in the head!

        There’s also the rationalization that everyone is entitled to the best possible defense, and an adversarial system of justice will prove best for most people in the long run.

        That’s interesting, thanks.

        S.J., Esquire

        July 22, 2017 at 6:11 pm

      • Our Constitution gives defendants the right to have an attorney who makes the prosecution prove all elements of the crime beyond a reasonable doubt.

        Lion of the Blogosphere

        July 22, 2017 at 6:32 pm

    • As I recall, the attorney must keep that secret but usually they bow out. Wasn’t there an early one who did just that? I figured OJ had foolishly confessed, and the lawyer decided he couldn’t go on with the defense.

      Defendant needs to stfu so defense team can continue with a straight face.

      Mrs Stitch

      July 21, 2017 at 6:52 pm

  5. It’s a terrible idea use the presidential pardon to stop investigations that make the president bad and that large numbers of people believe may end up uncovering criminal behavior committed by the president. What president has ever done this? Why are you smarter than all those presidents?

    Magnavox

    July 21, 2017 at 3:23 pm

    • No president faced an immediate attempt to investigate him like this. Lincoln wouldn’t have then the crap that Trump is taking.

      Lion of the Blogosphere

      July 21, 2017 at 3:46 pm

  6. Trump did the interview because he likes the very clever Maggie Haberman from NYT and CNN. An interesting point is that Mueller did the interview to get the job the day after Comey was fired. That’s, combinened to Comey friendship, can be seen as disqualifying for apparent impartiality.

    Bruno

    July 23, 2017 at 4:39 am


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