, 3 tweets, 2 min read Read on Twitter
I’m thinking we are going to have national conversation about a thousand more insane pardons and one big self-pardon in Jan 2021. (Or Jan 2025?)
It would be great to reach a consensus that there are fiduciary limits on faithless execution of the office’s pardon power. 1/
2/ Ethan Leib and I argue that self-pardons (and self-serving pardons of co-conspirators) are faithless execution of the office, based on the historical understanding of fiduciary constitutionalism: papers.ssrn.com/sol3/papers.cf…
3/ More historical background on Faithful Execution, Article II, and fiduciary constitutionalism from @andrewkent33, Leib and me:
papers.ssrn.com/sol3/papers.cf…
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