Leftwing law professor Alan Dershowitz has written a new book wherein he PROVES that a presidential pardon cannot ever be illegal.
In a roundtable discussion on ABC’s This Week with George Stephanopolous, Dershowitz explains that there is simply no Constitutional case for charging a president with “obstruction” based on his decision to pardon someone. The President has carte blanche to pardon anyone he chooses to pardon.
And if he’s committed previous crimes — there’s no evidence of that — that won’t work. But if he commits the crime of perjury, he’s in Clinton-land…
George Stephanopoulos: Do you think Mueller can write a report, make a case on obstruction without interviewing the president?
Alan Dershowitz: No, I don’t. I think where we respectfully disagree is a president — and I argue this and I think I prove it conclusively — a president cannot be charged with obstruction of justice for merely exercising his power under Article II.
He can be, the way Nixon was and Clinton was —
George Stephanopoulos: The question is what was going on in his mind —
Alan Dershowitz: You cannot question a president’s motives when the president acts. If a president pardons, that’s it. If a president fires, that’s it. You can’t go beyond the act and get into his motive or into his intent. No president has ever been…
George Stephanopoulos: — is pardoning someone to cover up a murder?
Alan Dershowitz: It doesn’t matter. The pardon is the pardon. The covering up of the murder may be an independent crime, the pardon cannot be the actus reus of a crime because you cannot have an actus reus of a crime that is a constitutionally protected act…
You can’t start probing the motives of presidents, all presidents have mixed motives all the time. They’re political, they’re ideological, they’re patriotic, they’re — can I write a good book after I finish my term?
Dershowitz is right, the Constitution gives the President the power to pardon and it doesn’t put conditions on the “why” of his reasons/rationale for doing so.
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