Sen. Leahy: “Do you believe a president could lawfully issue a pardon in exchange for the recipient’s promise not to incriminate him?”

AG Barr: “No. That would be a crime.”

#PardonMeTrump

@ProjectLincoln
Wow this blew up.

I’ll go ahead & address the, “it’s a commutation, not a pardon” argument. Although true, it moves the goalposts.

Leahy asks whether the exchange of a pardon for a promise not to incriminate would be unlawful.
Whether the offer was a pardon or a commutation is irrelevant. It’s like saying, “I didn’t pay a $1m bribe, I paid $10k.”

Sure, commutation means he remains a convicted felon, but the potentially criminal exchange of promises is at the heart of Leahy’s q and Barr’s response.
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