@jlambpco Respectfully—and I think you'll agree with me—you're wrong, as the purpose of the exception is to ensure Congress governs *all* impeachments, not just a POTUS's (so, cabinet members' and federal judges' impeachments also can't be impeded by the president). Here's why it matters:
@jlambpco What it means is that the exception isn't about a *narrow* case—a president impeding his own impeachment (in which case it's just a prohibition against self-pardon)—but about balance of power and checks and balances, a much broader governmental interest. And that matters because:
@jlambpco If what the Framers were *broadly* worried about was a POTUS using executive power to usurp Congress's exclusive role in the impeachment process, they *couldn't* have intended the Pardon Clause to permit tampering with witnesses in a pre-impeachment special counsel investigation.
@jlambpco The only alternative is your *narrow* reading of the Pardon Clause—which creates a nonsense: that the Framers *didn't care* if a POTUS usurped the Congressional impeachment power in the cases of executive-branch officials or federal judges. I think we'd agree that's nonsensical.
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@LambeJerry Question for you: On Monday, Congress announces it's going to vote to impeach a federal judge on Wednesday. The president of the United States decides to issue a preemptive pardon of the judge on Tuesday. According to you, there's no problem, right, as there was no impeachment?
@LambeJerry My thinking on this is identical to that of a law professor at Northwestern University who published his opinion in the NYT. But that wasn't mentioned in your piece. It's also odd that you believe the impeachment exception has nothing *really* to do with separation of powers.
@LambeJerry You couldn't possibly think the impeachment exception has anything to do with separation of powers, as according to you and the small number of attorneys you cited, the impeachment exception isn't *actually* about keeping the president from interfering in the impeachment process.
The Pardon Clause prohibits using the pardon power to obstruct impeachments. Trump repeatedly opined—rightly—that Mueller's probe could lead to a referral for possible impeachment (which it did). The pardons he just gave are the ones he dangled to obstruct Mueller. See the issue?
Those who say the pardon power is unreviewable aren't just wrong, they *know* they're wrong. The Pardon Clause makes explicit that Congress has standing and a cause of action if the power is used to obstruct an impeachment. So the power is definitionally reviewable by the courts.
Moreover, if the grant of a pardon is itself a high crime or misdemeanor, it creates an irresolvable conflict between the Impeachment Clause and the Pardon Clause that only a federal court can resolve—making a pardon reviewable in that scenario too. That's the situation we're in.
Anyone telling you that we've seen pardons of this sort before—and therefore we can be sure of their legality under the Constitution—is blowing smoke. These pardons are a matter of first impression for our courts. My view and the view of many is that they should be ruled illegal.
A bad lawyer is one who tries to make precedent fit a novel situation to falsely portray the law as static. A good lawyer is one who distinguishes precedent from a novel situation when new facts present new dangers.
These pardons are a novel case, and good attorneys will say so.
I'd be telling folks what they want to hear if I were to write that these pardons will be vacated. I'm not saying that. I think the chances of that are very small. What I'm saying is strong arguments can and should be made to vacate these pardons—and that such arguments are just.
(THREAD) Putting the news below and the recent Dobbs-Flynn interview together, you get the following: at least one foreign intelligence service and at least one foreign cyberintelligence firm are trying to get manufactured election "evidence" to Trump. forbes.com/sites/jackbrew…
1/ Flynn is represented by Powell. Flynn just told Lou Dobbs that "we"—apparently, he and Powell—had just gotten "evidence" from "foreign nations and partners" who'd been "watching" our election for digital intereference. Such surveillance would require intelligence capabilities.
2/ Flynn indicated that his intention was to ensure that this "evidence" be given to Trump directly. Thereafter he went to the White House once and his lawyer Powell went three times. Once she was seen with an article about an alleged Iranian attack on the election under her arm.
(TRUE STORY) In the weeks before the 2020 election, ex-Overstock CEO Patrick Byrne was desperately trying to get to me through an intermediary to share info about the coming election he claimed was critical.
I ignored his overtures.
Donald Trump invited him to the Oval Office.
I had messages from Byrne's rep on every social media platform I'm reachable on. I decided that his public instability was such that I wanted nothing to do with him. Incredible to think that the President of the United States—the most powerful man alive—made a different decision.
Anyone else here watch comedian Marc Maron's live Instagram recordings on a semi-daily basis? I have complicated feelings, maybe because I "know" him now—of course not, but you know what I mean—largely through these, as I've only listened to maybe two episodes of his WTF podcast.
I just think he's an interesting figure—funny and smart as hell—and I also feel like the way he is processing grief and meeting his audience in the midst of their own (largely pandemic-enabled) grief is really fascinating in a way I hope one day someone writes about meaningfully.
I happen to be grieving a death myself, so I've been thinking about how grief sends us into an exploration of all our own extremes and subtleties. Maron presents as earnest, angry, arrogant, knowing, funny, obsessive, smart, impulsive, guarded. So many lovely self-contradictions.