Law Prof: "James Madison noted that abuse of the pardon power could be grounds for impeachment."

[DetlefK]

http://www.rawstory.com/2017/08/remedy-is-impeachment-harvard-law-prof-on-trump-pardoning-joe-arpaio/

“This is the crime that Trump is suggesting he might pardon: willful defiance of a federal judge’s lawful order to enforce the Constitution,” explained Prof. Noah Feldman. “Such a pardon would reflect outright contempt for the judiciary, which convicted Arpaio for his resistance to its authority. Trump has questioned judges’ motives and decisions, but this would be a further, more radical step in his attack on the independent constitutional authority of Article III judges.”

“An Arpaio pardon would express presidential contempt for the Constitution,” Prof. Feldman continued. “From this analysis it follows directly that pardoning Arpaio would be a wrongful act under the Constitution.”

...

“James Madison noted at the Virginia ratifying convention that abuse of the pardon power could be grounds for impeachment. He was correct then — and it’s still true now.”



http://www.rawstory.com/2017/08/another-astonishing-oddity-texas-congressman-rips-trump-for-pardoning-bigoted-joe-arpaio/

“For the president not to go through the Department of Justice and the regular vetting process for a pardon is just another astonishing oddity of this presidency,” Castro told Berman.

...

“He repeatedly carried out the illegal searches even though a court told him to stop — ordered him to stop,” Castro continued. “The reason that he was criminally convicted is because he ignored the judicial branch and he continued to do that even after he was ordered to stop.”

In doing so, Castro and others have noted, Trump condoned the constitutional violation Arpaio committed.

“Today the president of the United States validated that by pardoning him,” the congressman concluded.




------------------------

Soooooooo... The President is attacking the separation of powers and condones violations of the US Constitution. And a Founding Father said that abuse of the pardon power could be grounds for impeachment.

It will be nice to hear what the Republicans think about that.

[PoliticAverse]

1. The history of the phrase "high crimes and misdemeanors" indicates it is pretty broad...

meaning a President could be impeached for most anything.

For example from the Wikipedia page ( https://en.wikipedia.org/wiki/High_crimes_and_misdemeanors ):

The impeachment of the King's Chancellor, Michael de la Pole, 1st Earl of Suffolk in 1386 was the first case to use this charge. One charge under this heading alleged that de la Pole broke a promise to Parliament. He had promised to follow the advice of a committee regarding improvement of the kingdom

[thesquanderer]

7. Yup. Everything and nothing are grounds for impeachment, it just depends on the House. (nt)

[Cosmocat]

8. Only the most egregious offense according to GOP

For example, lying about oral sex.

[yuiyoshida]

2. Yeh but will Republicans comply?

[Scarsdale]

3. Seriously? The gop

are all guilty of taking Russian money, they will want pardons themselves!! Most crooked group we have ever had in government. There is not a single one of them with "clean hands" Even holy Mike Pence, that so-called Christian. He will lick anyone's boots to get tRump's positon. McConnell has earned the wrath of his master tRump, he probably cries himself to sleep at night. What if his "wife" loses her lucrative position in tRump's administration? Citizens had better wise up before it is too late. The gop cares only for the wealthy. The rest of us are merely cannon fodder, or tax contributors.

[yuiyoshida]

4. Bingo

[BigmanPigman]

5. Another "impeachable act" that the GOP will do nothing about.

Add it to the list.

[Vinca]

6. Democrats MUST take Congress in 2018.

[barbtries]

10. agreed.

there is no other way. republicans SUCK.

[barbtries]

9. one more item

to add to the long list of articles of impeachment. SO sad that republicans are in charge and so feckless they will not act to save this country.

[HAB911]

11. Historian warns Donald Trump may have to be removed from the White House at gunpoint

The U.S. needs to prepare for the possibility that Trump won’t leave office peacefully

http://fusion.net/story/579834/the-u-s-needs-to-prepare-for-the-possibility-that-trump-wont-leave-office-peacefully/