My answer to last week’s “Ask Jordan” question about the (lack of) congressional power over pardons generated follow-up questions. On top of this week’s question about presidential immunity, I’m answering two of them briefly below for this special mailbag edition.

As always, submit your questions on this topic and any others through this form.

“So. … If Congress impeaches Defense Secretary Pete Hegseth, Donald Trump cannot pardon him? REALLY?!” — Joyce Carpenter

Hi Joyce,

Trump could pardon Hegseth (or anyone else) for any federal crimes, which would save him from prosecution. But the president couldn’t use the pardon power to save Hegseth (or anyone else) from impeachment proceedings. That’s because the Constitution says presidents can issue pardons for “Offences against the United States” but not for “Cases of Impeachment.”

“I’m disappointed in your answer about pardons. Why didn’t you mention that the pardoned person IS considered guilty of whatever the pardon is for. Or do I have that wrong?” — Richard

Hi Richard,

You have that wrong — or, at least, not necessarily right in all cases.

To be sure, the Supreme Court said in an oft-cited 1915 case that a pardon “carries an imputation of guilt and acceptance of a confession of it.” But that was more of a statement made in passing than an announcement of a binding rule going forward.

As a federal appeals court pointed out more recently, “not every acceptance of a pardon constitutes a confession of guilt.” For example, the appeals court noted that presidents can pardon people they think are innocent. They can even grant posthumous pardons, which led the court to observe that “a deceased individual cannot confess his guilt.”

Please submit “Ask Jordan” questions through this form for a chance to have your question featured in a future edition of the Deadline: Legal newsletter.

The post Ask Jordan: Pardon mailbag on Hegseth and admissions of guilt appeared first on MS NOW.

Author: Source Author

From MS Now.