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kentuck

(115,671 posts)
Sun May 24, 2026, 09:34 AM Yesterday

Is there anyway a President's "pardon power" can be challenged?

It is obvious that Trump is not using the pardon power the way it was intended by the Founders. He is pardoning everyone that commits a crime in his name.

With former presidents, there was a process to receiving a pardon. Trump pardons with a tweet. He follows no process. Is it possible to make the process part of the legal requirement for a pardon? Could the Congress pass such legislation, since it does not interfere with the pardon itself?

All of the folks now assisting Trump in breaking the laws are anticipating a presidential pardon. The IRS Commissioner and Todd Blanche are helping him to try and steal money from the Treasury, from the taxpayers of this country. That cannot be legal in any sense. Is the pardon power unchallengeable?

It has gotten so insanely corrupt that he is now talking about pardoning himself? That has never been in the consciousness of any president ever, as far as I know? Some dictators would hesitate to make such a claim.

In my opinion, many crimes are being committed under the assumption that they will never be punished. They are relying on a pardon from Donald Trump.

30 replies = new reply since forum marked as read
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Is there anyway a President's "pardon power" can be challenged? (Original Post) kentuck Yesterday OP
I do not believe so. Raven123 Yesterday #1
If it was proven that Kamala actually won the election I would think it could be done. nt in2herbs 23 hrs ago #2
If pigs could fly I'd carry an umbrella mr715 17 hrs ago #14
The election takes place when the electors vote DavidDvorkin 10 hrs ago #19
It was pointed out in another post in the last month or so bucolic_frolic 23 hrs ago #3
The recourse is impeachment MichMan 23 hrs ago #4
That Poster Was 100% In Error. [See: Iran-Contra Pardons] ColoringFool 18 hrs ago #11
Pardons from a convicted felon is just busting people out of jail. RedWhiteBlueIsRacist 23 hrs ago #5
Yeah, The Law Doesn't Work That Way. A Pardon Is Just That. ColoringFool 19 hrs ago #10
True. Can't wait til I get a court summons for jury duty. RedWhiteBlueIsRacist 17 hrs ago #15
I don't thinks so. It's a constitutional provision. MineralMan 23 hrs ago #6
There were posts on DU regarding the slippery slope when Biden issued preemptive pardons for his family Melon 22 hrs ago #7
Ah. So it's Biden's fault! dpibel 19 hrs ago #8
That's not what I said. The OP comment was on process Melon 17 hrs ago #13
Both sides. Got it. dpibel 11 hrs ago #18
To be fair, Nixon wasn't charged with anything when Ford pardoned him. EdmondDantes_ 10 hrs ago #21
In A Word, No. ColoringFool 19 hrs ago #9
Reigning in the Pardon power, MUST be on the Democrats Ars Longa 18 hrs ago #12
That would require H2O Man 17 hrs ago #17
No. H2O Man 17 hrs ago #16
What about pardons given before a crime is committed? wnylib 10 hrs ago #20
See: Nixon, Ford's Pardon Of. ColoringFool 9 hrs ago #24
I remember Ford's pardon of Nixon. wnylib 4 hrs ago #28
There are a lot of constitutional requirements or privileges of the President that must be changed. lees1975 9 hrs ago #22
There's an "eighth grade standard constitution test"? Who knew? onenote 9 hrs ago #23
Seconded. Never Heard Of This. ColoringFool 9 hrs ago #25
Don't Hold Your Proverbial Breath. ColoringFool 9 hrs ago #26
Change the constitution and give the power to congress SSJVegeta 8 hrs ago #27
Only sure-fire way is to amend The Constitution. no_hypocrisy 2 hrs ago #29
Article II, Section 2, Clause 1 SocialDemocrat61 31 min ago #30

in2herbs

(4,554 posts)
2. If it was proven that Kamala actually won the election I would think it could be done. nt
Sun May 24, 2026, 09:52 AM
23 hrs ago

DavidDvorkin

(20,691 posts)
19. The election takes place when the electors vote
Sun May 24, 2026, 11:01 PM
10 hrs ago

Trump won that vote, and (grotesquely) that's the vote that matters.

bucolic_frolic

(55,903 posts)
3. It was pointed out in another post in the last month or so
Sun May 24, 2026, 09:56 AM
23 hrs ago

that pardoning criminals who have done your bidding might be a violation of his Oath of Office to "faithfully execute the Constitution".

There's almost an element of co-conspirator after the fact. And grand larceny on the money grabs. The bank president doesn't get to empty the vault without recourse.

ColoringFool

(1,135 posts)
11. That Poster Was 100% In Error. [See: Iran-Contra Pardons]
Sun May 24, 2026, 02:51 PM
18 hrs ago

Moreover, Trump was not tried for inciting that riot, so that puts the kibosh on the "doing his bidding" argument.

And there is no analogous job in the US to President, not even bank president. Bank presidents cannot pardon the incarcerated.

RedWhiteBlueIsRacist

(2,278 posts)
5. Pardons from a convicted felon is just busting people out of jail.
Sun May 24, 2026, 10:07 AM
23 hrs ago

People he breaks out of jail should be rounded up put back in the slammer.

RedWhiteBlueIsRacist

(2,278 posts)
15. True. Can't wait til I get a court summons for jury duty.
Sun May 24, 2026, 04:41 PM
17 hrs ago

Me to court: "If a guilty verdict is reached, why waste a jurists time if the President can override a person's guilt?"

MineralMan

(151,607 posts)
6. I don't thinks so. It's a constitutional provision.
Sun May 24, 2026, 10:12 AM
23 hrs ago

There's no way to override that, I'm sure.

However, a President can be impeached and removed. It's not something that is tried very often, though. After the mid-terms, though, I think it will be worth a try once more. How does that saying go?

Third Time's a Charm!

Melon

(1,744 posts)
7. There were posts on DU regarding the slippery slope when Biden issued preemptive pardons for his family
Sun May 24, 2026, 10:59 AM
22 hrs ago

In the last days of his presidency. This is complete garbage what Trump is doing, but has the “process” always been followed? I think it’s one of many processes now broken in our government because the founding fathers never anticipated the level of fraud in our government today.

dpibel

(4,018 posts)
8. Ah. So it's Biden's fault!
Sun May 24, 2026, 02:45 PM
19 hrs ago

You actually believe there's equivalence between pardoning someone else--even a family member--and a self-pardon?

And what, exactly, does "process" have to do with it? We're talking about product here, not process.

Melon

(1,744 posts)
13. That's not what I said. The OP comment was on process
Sun May 24, 2026, 04:30 PM
17 hrs ago

“ With former presidents, there was a process to receiving a pardon. Trump pardons with a tweet. He follows no process“…

Biden gave a preemptive pardon to his family. Did that follow a process? Trump is obviously abusing things but what is the process and is it valid anymore?

It’s a difficult argument if the process wasn't at the highest standard in the past. Maybe the entire process needs to be scrapped.

dpibel

(4,018 posts)
18. Both sides. Got it.
Sun May 24, 2026, 10:35 PM
11 hrs ago

You seem to be saying that if, in your humble opinion, Biden's process was not at the highest standard in the past, then how can we fault Mr. Trump.

Right?

EdmondDantes_

(2,108 posts)
21. To be fair, Nixon wasn't charged with anything when Ford pardoned him.
Sun May 24, 2026, 11:21 PM
10 hrs ago

So Biden wasn't the first person to pardon someone who hadn't been charged although obviously Nixon was guilty and there's no evidence Biden's family (other than Hunter) or the January 6th committee have done anything wrong.

The pardon power does seem overly broad, but presidents have often used it for connected people, just usually not so blatantly and self serving, or as a number of the January 6 rioters have proven, so likely to be arrested for other crimes so quickly.

Ars Longa

(585 posts)
12. Reigning in the Pardon power, MUST be on the Democrats
Sun May 24, 2026, 03:14 PM
18 hrs ago

list of things to run on, both 2026 & 2028!!!!

H2O Man

(79,284 posts)
17. That would require
Sun May 24, 2026, 04:43 PM
17 hrs ago

changing Article II, Section 2, Clause 1 of the Constitution. I think it would be far better to concentrate on the things that actually can be accomplished.

wnylib

(26,495 posts)
20. What about pardons given before a crime is committed?
Sun May 24, 2026, 11:15 PM
10 hrs ago

Is a pardon valid if the president offers a pardon promise in order to persuade people to commit crimes?

Example: "I want Senator XYZ's home burned down to send a message to him. Don't worry. I'll pardon you."

wnylib

(26,495 posts)
28. I remember Ford's pardon of Nixon.
Mon May 25, 2026, 05:01 AM
4 hrs ago

It's not the same thing as what I was asking about. Although it looks like a deal was made before Nixon resigned that Ford would pardon him, we can't know for sure. Even if that's true, Nixon had already committed his crimes before Ford became president.

My question was about a president already in office before a crime was committed persuading someone to commit a crime with the promise in advance of the crime that the president would pardon them. In other words, a president using the promise of a pardon to persuade person to commit a crime.

lees1975

(7,198 posts)
22. There are a lot of constitutional requirements or privileges of the President that must be changed.
Sun May 24, 2026, 11:55 PM
9 hrs ago

But it's a high threshold to amend the Constitution.

1. No prior felony conviction.
2. Must pass the eighth grade standard constitution test. Betcha Trump can't.
3. No pardon power, that's too much.
4. Executive orders limited.
5. No immunity from prosecution for crimes committed while in office.
6. Actual enforcement ability given to neutral police force to prevent violations of the emoluments clause. In other words, arrrest his ass for insider trading now.

onenote

(46,233 posts)
23. There's an "eighth grade standard constitution test"? Who knew?
Mon May 25, 2026, 12:01 AM
9 hrs ago

I certainly didn't. Can someone post the questions on this "standard" test?

no_hypocrisy

(55,438 posts)
29. Only sure-fire way is to amend The Constitution.
Mon May 25, 2026, 07:06 AM
2 hrs ago

It can be done after Trump, but not during his tenure. No political will right now.

SocialDemocrat61

(8,061 posts)
30. Article II, Section 2, Clause 1
Mon May 25, 2026, 09:17 AM
31 min ago
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
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