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Is it a crime for the president to ask you to break a law because he will pardon you?

Discussion in 'BBS Hangout: Debate & Discussion' started by Ubiquitin, Apr 12, 2019.

  1. Ubiquitin

    Ubiquitin Contributing Member
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    CNN is reporting allegations that “Trump told CBP head he'd pardon him if he were sent to jail for violating immigration law”.

    Now I am not a constitutional lawyer, and while it feels illegal, is this actually illegal? Have other presidents done something like this in the past?

    I feel like this is something that is both an impeachable offense and would require resignation if it can be proven.

    Unless, this is something that happens with US presidents and I am just ignorant about it.

    https://www-m.cnn.com/2019/04/12/po...oner-pardon/index.html?r=https://www.cnn.com/
     
    RayRay10 likes this.
  2. TheFreak

    TheFreak Contributing Member

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    Sorry, what does this have to do with AOC?
     
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  3. RayRay10

    RayRay10 Houstonian

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    Should be. Won’t because Trump won’t be impeached by this Senate.
     
    MiddleMan likes this.
  4. dachuda86

    dachuda86 Member

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    already had a thread.
     
  5. MiddleMan

    MiddleMan Contributing Member

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    Could of been with the Blue wave of 2018 the msm were announcing with Russian collusion. Am I right?
     
  6. Deckard

    Deckard Blade Runner
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    If it isn't, it should be. Sounds like prior obstruction to me. Obstruct before you obstruct.
     
  7. CometsWin

    CometsWin Breaker Breaker One Nine

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    This guy is the biggest partisan ******* I've ever seen. The power of the executive has to be reigned in. Ever since Vietnam, the Presidency has been pushing the limits of the law and Trump is the byproduct of this expanse of power. Congress is just too ineffective right now. Events are happening quicker than a gridlocked Congress can respond to them.
     
    #7 CometsWin, Apr 13, 2019
    Last edited: Apr 13, 2019
    quikkag, RayRay10 and mdrowe00 like this.
  8. Aleron

    Aleron Contributing Member

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    No it wouldn't be illegal, is it impeachable? maybe, no one is really sure what is and isn't impeachable.

    That said, read about Jefferson's actions during the Burr conspiracy to get an idea of just what those powers entail.
     
  9. quikkag

    quikkag Contributing Member

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    Encouraging the commission of a crime and providing succor to perpetrators is, in fact, illegal.
     
  10. Astrodome

    Astrodome Member
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    So has then been verified or are we just rolling with more rumors from CNN?
     
  11. quikkag

    quikkag Contributing Member

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    New York Times has confirmed. NBC News has confirmed.
     
  12. No Worries

    No Worries Contributing Member

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    Fake News until Fox News confirms.
     
  13. dachuda86

    dachuda86 Member

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    Could be a joke until you can prove what Trump was thinking. Plausible deniability. Waste your energy on this some more though.

    Does anyone know if anything can be done unless a crime does get committed along those lines? How would something like this get standing in court?
     
  14. Ubiquitin

    Ubiquitin Contributing Member
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    There are no more jokes from this White House or Trump. IF there is a tape of him saying this (and this is a big if): he should resign. And if he doesn’t resign, Congress should impeach and remove him from office.

    If there is not a tape and it’s just allegations, then he should have no problem Tweeting or even better discuss it at his next event and say in no circumstances would he pardon anyone for purposely breaking the law regarding immigration enforcement and stand by it.
     
  15. dachuda86

    dachuda86 Member

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    Fan fiction, the lot of it.
     
  16. Amiga

    Amiga 10 years ago...
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    In the Trump to declare national emergency to build border wall thread, I stated this is ground for impeachment and that Congress should investigate to establish facts.

    Good opinion piece covering this topic.

    https://www.washingtonpost.com/opinions/2019/04/13/mob-boss-presidency/

    Former federal prosecutor Mimi Rocah acknowledged that, if the allegation about a pardon was true and Trump was serious, Trump then “offered a pardon as a bribe to get a public official to commit an unlawful act.” Referring to Attorney General William P. Barr’s exaggerated conception of executive authority, she queried, “Would Barr dare say that’s within his executive power?”

    Constitutional scholar Laurence H. Tribe tells me, “If carried out, this offer to pardon high immigration officials if they will break the law on his behalf is the most obviously impeachable action President Trump has taken to date: It would mean this president has seized the power to put not just himself but all who do his bidding beyond the reach of law." He continues, "That doing so is a high crime and misdemeanor is beyond dispute. Any president guilty of such conduct cannot be permitted to remain in office.”

    Now, even if the offer of a pardon were not technically a bribe, “this is still an extraordinary and disturbing abuse of presidential power,” says Joshua Matz, co-author with Tribe of “To End A Presidency: The Power of Impeachment.” “Especially if it were repeated in other contexts, such illegality-inducing conduct may well rise to the level of an impeachable offense, though in my view we don’t yet know nearly enough about what happened here to reach firm conclusions.”

    In this, as in other instances, subordinates’ refusal to carry out orders (as former White House counsel Donald McGahn did in refusing to fire special counsel Robert S. Mueller III) provides some protection to Trump from the consequences of his own actions.

    However, neither Trump nor the country can count on employees’ continued insubordination, especially in light of Trump’s preference for installing “acting” officials, who remain under his thumb. Swift and forceful action to halt his reckless disregard of the law is required.

    Tribe argues, “Without doubt, therefore, the House Judiciary Committee needs to include this matter within its investigatory ambit, subpoenaing all those who may have relevant knowledge unless they appear voluntarily.” Normally, if there is a credible allegation of wrongdoing by the president, the attorney general would appoint a special counsel. Don’t hold your breath. Tribe observes, “it seems unrealistic to expect the blatantly compromised Attorney General William Barr to appoint a special counsel to pursue the issue even if, as appears to be the case, the president has credibly been charged with promising a pardon as a bribe for illegal conduct.”

    We’ve now come to the point where Trump is bragging about a plot to abuse power, using federal resources to enact political revenge. We have reason to believe he tried to induce wrongdoing with a pardon offer. “One thing everyone who knows the relevant law has agreed about the otherwise sweeping pardon power is that it cannot be used in advance, to license crimes before they have been committed,” Tribe says.

    Trump’s lawlessness is intensifying. Even those such as Tribe who have opposed impeachment, given “the Senate’s fidelity to Trump rather than to the Constitution,” wonder if Trump can be left in office for another year-and-a-half. “I hesitate to say the red line has finally been crossed, but I see no way around that conclusion at this point,” he says.

    For now, it’s up to the House to send out subpoenas, have all relevant witnesses testify under oath about what is going on at the Department of Homeland Security and reach a factual conclusion as to what occurred. Meanwhile, Congress must speak with one voice:Under no circumstances can the federal government be used as an instrument to exact political revenge.

    You’d think the necessity for such a statement would convince Republicans not to support his reelection for four more years, when he would feel entirely unrestrained. You’d be wrong.


     

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