Trump’s Pardon of Roger Stone is Unconstitutional
We begin with the growing outrage against Trump’s pardoning of Roger Stone including the distinct possibility that the Federal Judge who sentenced him, Amy Berman Jackson, could challenge the commutation. Corey Brettschneider, a professor of political science at Brown University and a visiting professor of law at Fordham Law School and author of The Oath and the Office: A Guide to the Constitution for Future Presidents joins us. We discuss his article at The Atlantic “The Traditional Interpretation of the Pardon Powers is Wrong: Properly understood, the commutation of Roger Stone’s sentence is unconstitutional”. Since the president’s powers to grant pardons and reprieves is constrained by the limit in the Constitution “except in cases of impeachment”, Corey argues that the Constitution bans a president from using the pardon and reprieve power to commute the sentences of people directly associated with any impeachment charges. And since Trump’s impeachment which focused on Ukraine included in the articles “previous invitations of foreign interference in United States elections” and “previous efforts to undermine United States Government investigations into foreign interference in United States elections”, there is ample evidence that Stone’s guilt in colluding with Wikileaks and the Russians and lying and covering up his activities for which he was convicted, qualify as an exception to the president’s pardon powers because of Stone’s well-documented involvement in Trump’s impeachment.
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