CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, July 22, 2017

"If Trump Pardons, It Could Be a Crime"

Daniel Hemel and Eric Posner have published this op-ed in The New York Times, addressing whether the President could be prosecuted for obstruction of justice. In part:

There is a broad consensus that a president exercises the pardon power properly — not “corruptly” — when he grants clemency based on considerations of mercy or the public welfare. President Gerald Ford invoked both of those values when he pardoned Nixon: He said that a prosecution of the former president would be too divisive and that Nixon had suffered enough. President George H.W. Bush gestured to both values when he pardoned former Reagan administration officials for their involvement in the Iran-contra scandal.

In Trump’s case, the question would be whether he was acting out of the goodness of his heart, or covering up for his family, his associates and himself.

https://lawprofessors.typepad.com/crimprof_blog/2017/07/if-trump-pardons-it-could-be-a-crime.html

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