Tim Naftali: “Will Trump be the first to test the constitutionality of a self-pardon, just as he has tested the limits of so many other constraints on presidential power? Precedent has never mattered to him. He has reportedly been asking aides about the possibility of a self-pardon since 2017. Unlike Nixon, he can’t even hope for a pardon from his immediate successor. But neither can he count on the Supreme Court to uphold a self-pardon; in summarily dismissing Trump’s effort to overturn the election, the justices reminded him that a president should not count on the support of his appointees.”
“The Framers couldn’t imagine a Congress failing to impeach and remove a corrupt president. Chief Justice Taft couldn’t imagine a president abusing the pardon power, and he couldn’t imagine the circumstances under which a president would pardon himself. Mary Lawton couldn’t imagine that the Constitution would allow a president to be the judge in his own case.”
“But in the final days of the presidency of Donald Trump, very little seems unimaginable anymore.”
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