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pardon

Friday January 15, 2021

January 22, 2021 by Graeme MacKay

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday January 15, 2021

Can President Trump issue pardons while impeached? Experts at odds

With just days left before the end of U.S. President Donald Trump’s presidency, the House of Representatives voted to impeach Trump for a historic second time Wednesday, citing “incitement of insurrection” after a mob of supporters stormed the U.S. Capitol one week ago.

January 12, 2021

At the same time, the FBI has been making arrests across the country relating to the riots, prompting some to wonder whether Trump would try to squeeze in more pardons before his term is up, including pardoning his supporters, his family, and even himself.

Trump’s presidency has raised legal questions around pardons previously never tested in federal courts: the constitutionality of a self-pardon, for example, remains unclear since no president had ever attempted it before, with legal scholars divided on how to interpret the law.

Does Trump’s impeachment change anything when it comes to issuing pardons?

January 8, 2021

In Article II, Section 2 of the U.S. Constitution, it states that the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”

But legal experts appear divided in what the clause “except in cases of impeachment” means.

December 3, 2020

“The conventional wisdom and centuries of treatises and textbooks tell us that when the Constitution says that the president can pardon ‘except in cases of impeachment’ means that the criminal process and the impeachment process are separate, and the president can only pardon crimes,” Brian Kalt, an expert on constitutional law and presidential history, and a law professor at Michigan State University, told CTVNews.ca in an email.

“He can’t stop an impeachment or undo an impeachment conviction, but he can still pardon any related crimes.”

With the House voting 232-197 to impeach the president, a two-thirds majority is still needed in the Senate in order to convict and remove Trump, the only U.S. president ever to be impeached twice. But the earliest a Senate trial would begin is next Tuesday, right before president-elect Joe Biden’s inauguration.

Kalt explains that Trump retains all of his powers until he is convicted or his term ends, meaning, “he can still issue pardons — whether related to his impeachment or not — while he is impeached.”

August 8, 1998

Kalt noted that former president Bill Clinton pardoned 34 people between his impeachment on Dec 19, 1998 and his acquittal on Feb 12, 1999.

“Nobody batted an eye at that because, again, the standard reading of the impeachment exception to the pardon power … is uniformly understood and accepted.”

Based on Clinton’s example, Trump could still issue pardons during his final week in office. Prior to his impeachment, he had already discussed issuing pardons for himself and his children, according to a CNN report this week, citing multiple sources. The report noted Trump, his allies and family members who partipated in the rally at the Capitol could potentially face legal exposure following the riots.

2020 Gallery – Trump

Trump could, in theory, issue a blanket pardon that covers himself and his children up until the time he leaves office, according to CNN’s source. Another source indicated that Trump may extend it to others outside the family as well, including Trump’s personal lawyer, Rudy Giuliani.

Already Trump’s previous pardons — which have included four American men convicted of killing Iraqi civilians, his former campaign manager Paul Manafort, ex-adviser Roger Stone, and his son-in-law’s father, Charles Kushner — have generated enormous outrage. (CTV) 

 

Posted in: USA Tagged: 2021-02, crime, Donald Trump, Hall of Mirrors, mirror, pardon, prosecution, U.S. Code, USA

Thursday December 3, 2020

December 10, 2020 by Graeme MacKay

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Thursday December 3, 2020

Trump Has Discussed With Advisers Pardons for His 3 Eldest Children and Giuliani

December 4, 2019

President Trump has discussed with advisers whether to grant pre-emptive pardons to his children, to his son-in-law and to his personal lawyer Rudolph W. Giuliani, and talked with Mr. Giuliani about pardoning him as recently as last week, according to two people briefed on the matter.

Mr. Trump has told others that he is concerned that a Biden Justice Department might seek retribution against the president by targeting the oldest three of his five children — Donald Trump Jr., Eric Trump and Ivanka Trump — as well as Ms. Trump’s husband, Jared Kushner, a White House senior adviser.

December 4, 2018

Donald Trump Jr. had been under investigation by Robert S. Mueller III, the special counsel, for contacts that the younger Mr. Trump had had with Russians offering damaging information on Hillary Clinton during the 2016 campaign, but he was never charged. Mr. Kushner provided false information to federal authorities about his contacts with foreigners for his security clearance, but was given one anyway by the president.

The nature of Mr. Trump’s concern about any potential criminal exposure of Eric Trump or Ivanka Trump is unclear, although an investigation by the Manhattan district attorney into the Trump Organization has expanded to include tax write-offs on millions of dollars in consulting fees by the company, some of which appear to have gone to Ms. Trump.

December 24, 2016

Presidential pardons, however, do not provide protection against state or local crimes.

Mr. Giuliani’s potential criminal exposure is also unclear, although he was under investigation as recently as this summer by federal prosecutors in Manhattan for his business dealings in Ukraine and his role in ousting the American ambassador there. The plot was at the heart of the impeachment of Mr. Trump.

The speculation about pardon activity at the White House is churning furiously, underscoring how much the Trump administration has been dominated by investigations and criminal prosecutions of people in the president’s orbit. Mr. Trump himself was singled out by federal prosecutors as “Individual 1” in a court filing in the case that sent Michael D. Cohen, his former lawyer and fixer, to prison. (New York Times) 

 

Posted in: USA Tagged: 2020-41, christmas, clemency, Donald Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, Jared Kushner, Nepotism, pardon, Rudy Giuliani, Santa Claus, USA

Friday May 17, 2019

May 24, 2019 by Graeme MacKay

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday May 17, 2019

Conrad Black says he won’t answer to criticism of his pardon because it’s not ‘worthy of response’

‘On anything like this you’re going to get people saying it’s a back-scratching job and he’s just rewarding me for writing nice things about him, but so what?’

Conrad Black Cartoon Gallery

Media mogul and former rival Rupert Murdoch was among the well-wishers who called Conrad Black after he received a pardon Wednesday from U.S. President Donald Trump that wiped away convictions for fraud and obstruction of justice dating back to 2007.

“I had a very nice phone call from Rupert Murdoch. I hadn’t spoken with him for many years. Most thoughtful of him to call,” Black said in an interview Thursday in the living room of his home in Toronto.

“He congratulated me and he said he’d congratulated the President for doing it.”

Calls have been coming in “from all over the place, from people I knew when I was a guest of the American people (in prison) and from people I went to Grade 2 with, and all stages since then,” said Black.

“And all but one or two were really very gracious, quite affecting many of them.”

Asked how he would respond to people who say he received the pardon because of Trump’s tendency to view only facts that suit him, or due to the past business dealings the two men had, or the flattering articles and book Black has written about Trump, Black said he wouldn’t respond directly to such critics because he doesn’t find their position “worthy of response.”

“Look, on anything like this you’re going to get people saying it’s a back-scratching job and he’s just rewarding me for writing nice things about him, but so what? Some people criticize Santa Claus, some people find fault with everything,” he said.

“The President and the very gracious message the White House issued last night was very clear in saying what the motives were, and that they were an analysis by his legal counsel and their legal team of the facts of the case, analyzing the particular materials submitted on my behalf by (lawyer) Alan Dershowitz and others.”

Black views the pardon as a total exoneration. “It’s a complete final decision of not guilty. That is finally a fully just verdict,” Black told The Canadian Press on Thursday. (Source: National Post) 

 

Posted in: Canada, USA Tagged: 2019-18, adoration, book, Canada, columns, Conrad Black, dance, Donal Trump, love, obsequious, pardon, Presidential, sycophant, USA

Wednesday October 3, 2018

October 2, 2018 by Graeme MacKay

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Wednesday October 3, 2018

A historic vote in Quebec for every party, a tougher provincial puzzle for Trudeau

Everyone made history Monday in Quebec.

May 8, 2018

For the first time in Quebec’s history, the Coalition Avenir Quebec (CAQ), led by François Legault, won power taking a commanding 74 seats in the 125-seat national assembly.

The 12-year-old left-leaning separatist Quebec Solidaire hit historic highs in seats won — 10 — and in popular vote — 16 per cent. The party is also no longer confined to downtown Montreal but planted its first flags in Quebec City.

The other two parties made the kind of history one tries to avoid.

The Liberal Party of Quebec, with just under 25 per cent of the popular vote, has never fared worse in a general election since its creation at Confederation. Same thing with the Parti Quebecois: worst showing since its creation in 1970.

March 4, 2016

Quebec’s history-making election, though, followed a trend: yet another Liberal majority government in a provincial capital finds itself on the outs.

This trend is significant beyond Quebec’s borders and could impair the ability of the Liberal government in Ottawa to get as much done as it might wish on its domestic agenda in the final year of its mandate.

When Prime Minister Justin Trudeau convened his first First Ministers’ meeting, he would have looked around the room and seen many allies. Canada’s biggest provinces were all led by Liberals all of whom were leading majority governments: B.C.’s Christy Clark (Liberal in name, at least), Ontario’s Kathleen Wynne, Quebec’s Phillippe Couillard. Atlantic Canada’s four premiers were all Liberals and they, too, commanded majorities. If stuff was going to get done and done quickly, then all was in place.

August 8, 2014

But at his next meeting with the premiers, perhaps his final such meeting before he himself must face the electorate next fall, Trudeau will see quite a different crowd. Clark, of course, was replaced by a New Democrat in British Columbia who is hostile at worst and cool at best to Trudeau’s agenda while Wynne, Couillard and New Brunswick’s Brian Gallant (one assumes) have or will soon be replaced by right-of-centre premiers hostile to some of Trudeau’s core policies.

Two of those new premiers, Ontario’s Doug Ford and, now, Quebec’s Francois Legault’s have solid secure majorities. (Continued: Global News) 

 

Posted in: Canada Tagged: Canada, Justin Trudeau, Kathleen Wynne, Liberal Party, Ontario, pardon, Phillipe Couillard, Quebec, Thanksgiving, turkey, USMCA

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