These cases are fact specific and frequently are considerably more complicated than they might seem at first blush.
Latest in pardon power
President Trump’s consultation with the Justice Department regarding potential pardons for war crimes has raised concerns. But history teaches that the presidency has been served well by having the attorney general as chief clemency adviser.
Why have thoughtful lawyers concluded that the president may constitutionally pardon himself when the conventional determinants of constitutionality so consistently indicate the opposite?
This president’s grants of clemency have debased the pardon power and are an affront to the justice system and the rule of law.
In the pardon power, Trump has found a constitutional toy with which he can exercise his authoritarian instincts without coming up against legal limits.
There is no obvious right answer on the validity of self-pardons, and if Trump becomes the first president to pardon himself, a court is unlikely to provide an answer.
Trump’s exercise of the pardon power is another example of how he is degrading settled norms of behavior and governance.
The Scooter Libby case has obvious parallels with the situation President Trump currently faces. In pardoning Libby, Trump may wish to make a political and legal point.
Judge Susan Bolton should appoint an amicus curiae for next month's hearing on whether to vacate Joe Arpaio's conviction for criminal contempt.
No conscientious member of Congress can ignore the available—and mounting—evidence of President Trump’s unfitness for his office.