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SteveeRogerr Authors Steve Vladeck

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Steve Vladeck
Steve Vladeck
@steve_vladeck
1. In honor of Trump’s last full day in office, and what may end up being the big story of the day, here’s a quick #thread on the President’s pardon power — and answers to some of the questions about it that may come up today:

2. Article II, § 2 of the Constitution gives the President the power to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”

The idea was to provide the executive with a check on (perceived) excesses by the courts.


3. That’s why the pardon power is absolute; it wouldn’t be much of a check on the courts if they had the power to review every pardon. Instead, the remedy for abuses of the power, as Chief Justice — and former President — Taft wrote for #SCOTUS in 1925, is ... impeachment.

4. But which offenses can be pardoned? The widespread consensus is that the President may pardon any federal offense (this includes “local” crimes in federal territories like D.C.) by anyone *else* that has been committed (even if not charged) prior to the granting of the pardon.

5. This *includes* so-called “blanket” pardons, such as the one President Carter issued on his first full day in office for Vietnam-era draft
TRUMP
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