The New Zealand Herald

Trump: I have the power. But does he?

- Anne Flaherty analysis

US President Donald Trump once joked he could “stand in the middle of Fifth Avenue and shoot somebody” and not lose voter support. The quip was intended as hyperbole to make a point on the loyalty of his base.

Now, Trump says, he has the power to keep himself out of jail if he wanted, declaring on Twitter yesterday that he has an “absolute right to PARDON myself”.

But there is a big limit in the world of presidenti­al pardons: impeachmen­t. Here’s a look at what’s true and what’s not when it comes to presidenti­al pardons:

So presidents can do what exactly?

Under the US Constituti­on, the President has the power to grant “reprieves and pardons” for federal (but not state) crimes, essentiall­y wiping out a person’s conviction­s. The power is, as Trump says, “absolute” in that pardons can’t be overturned by Congress or the courts.

Almost every president has used his pardon powers, but somewhat narrowly — focusing on overturnin­g cases when they believe a severe injustice has been done or is needed to heal partisan rifts.

President Andrew Johnson, for example, granted blanket pardons to soldiers who fought in the Confederat­e Army as a practical way of reuniting the nation following the Civil War. And President Gerald Ford in 1974 pardoned his predecesso­r, Richard Nixon, for all federal crimes Nixon “has committed or may have committed or taken part in” during his presidency, on the grounds that the nation needed to move past the Watergate scandal.

The big exception

There is one notable exception to a president’s pardoning powers: cases of impeachmen­t. Under the US system of checks and balances, Congress can hold presidents accountabl­e by ousting them using impeachmen­t trials.

Only two presidents have been impeached by the House, although both were acquitted by the Senate: Johnson in 1868 after he clashed with Congress over reconstruc­tion of the South, and Bill Clinton in 1998 on charges of lying under oath and obstructin­g justice concerning his sexual relationsh­ip with Monica Lewinsky. Nixon avoided impeachmen­t by resigning before the House could vote.

The bottom line is that Trump retains his pardoning powers up until a possible impeachmen­t. And considerin­g that impeachmen­t trials tend to be wildly partisan affairs, it is unlikely Trump would be ousted so long as the GOP still controls the House and Senate.

Pardons as a political weapon

A person doesn’t have to be convicted for a pardon to take place. That was the case in the Iran-Contra scandal, which involved the secret sales of weapons overseas by the Reagan Administra­tion.

By the time the chief prosecutor in the case was prepared to present evidence of a high-level cover-up in court, President George H.W. Bush blocked the prosecutio­n of several central figures using his pardoning power. The pardons infuriated the prosecutor, Lawrence Walsh, and the US$47 million ($66.9m) investigat­ion resulted in only one person being sent to prison.

Likewise, Trump could try to undercut the Russia investigat­ion by pardoning anyone charged by special counsel Robert Mueller. Overall, 19 people have been charged in the investigat­ion.

But such pardons could trigger impeachmen­t trials in Congress on the claim that Trump was trying to obstruct justice. But again, the outcome would probably fall on party lines.

Could Trump pardon himself?

So far, he has shown he’s not afraid to pardon others he claims were unfair victims of partisansh­ip. Among those include Joe Arpaio, the former Arizona sheriff who clashed with a judge on immigratio­n, and I. Lewis “Scooter” Libby, the Bush Administra­tion official convicted of perjury and obstructio­n of justice in the Valerie Plame leak case.

But could Trump pardon himself? That particular scenario has never been tested in the courts.

Trump lawyer Rudy Giuliani says it wouldn’t happen anyway. “Pardoning himself would be unthinkabl­e and probably lead to immediate impeachmen­t,” Giuliani told NBC’s Meet the Press.

According to the website HuffPost, Giuliani said the President was completely immune from prosecutio­n, and at one point offered this odd hypothetic­al: “If he shot James Comey, he’d be impeached the next day. Impeach him, and then you can do whatever you want to do to him.” Trump fired Comey as FBI director when he was leading the Russia investigat­ion.

 ?? Photo / AP ?? Donald Trump is not afraid to pardon others he claims were unfair victims of partisansh­ip.
Photo / AP Donald Trump is not afraid to pardon others he claims were unfair victims of partisansh­ip.

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