Questions: Society & Politics

Maybe a giant scarlet letter. Say S for sex offender?

If Trump won & ended the 2 DoJ cases against him would that trigger impeachment (if Dems have House)? Would Senate convict if split 50/50? Remember, "high crimes & misdemeanors" are whatever Congress says it is.

Article II, Section 2, Clause 1:

The POTUS... shall have Power to grant Reprieves & Pardons for Offences against the USA, except in Cases of Impeachment.

The power has been recognized by the Supreme Court as quite broad. In the 1886 case Ex parte Garland, the Court referred to the President’s authority to pardon as unlimited except in cases of impeachment, extending to every offence known to the law and able to be exercised either before legal proceedings are taken, or during their pendency, or after conviction and judgment.

Despite the breadth of the President’s authority under the Pardon Clause, the Constitution’s text provides for at least two limits on the power: first, clemency may only be granted for Offenses against the United States, meaning that state criminal offenses and federal or state civil claims are not covered.6 Second, the President’s clemency authority cannot be used in Cases of impeachment.

A full pardon granted by the President and accepted by its subject revents or removes any of the penalties and disabilities consequent upon conviction. In several 19th century cases, the Supreme Court suggested that a pardon broadly obviates all legal guilt of the offender, effectively erasing the crime from existence. Subsequent cases appear to have backed away from this understanding, .

Congress generally cannot substantively constrain the President’s pardon authority through legislation, as the Court has held that the power of the President is not subject to legislative control. Congress can neither limit the effect of his pardon, nor exclude from its exercise any class of offenders. The benign prerogative of mercy reposed in him cannot be fettered by any legislative restrictions.