Presidential pardons are in the news. A brief thread.

The pardon power was common in monarchies, including in Britain, and already existed in several state constitutions. As such... (1/12)

it did not raise many eyebrows when it appeared in the draft federal constitution in the late 18th century.

But by June 1778, during the ratifying convention in Virginia, opponents of a powerful executive such as that favoured by James Madison & Alexander Hamilton... (2/12)

...focussed on the pardon provisions as suseptible to corruption and executive overreach. George Mason, who refused to sign the final draft, argued that:

"The president ought not to have the power of pardoning... (3/12)

...because he may frequently pardon crimes which were advised by himself. If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection?".

And yet it passed. Since then...(4/12)

... all Presidents have issued pardons and commutations without any constitutional or Congressional constraint.

But Trump embodies the nightmare scenario envisaged by Mason. (5/12)

He has pardoned or commuted sentences for numerous individuals indicted on crimes they appear to have carried out on his behalf, or at his direction, such as Roger Stone and Michael Flynn...(6/12)

He has also dangled the prospect of pardons as a means to interfere in investigations that could implicate him.

Now he appears set to issue preemptive pardons for Donald Jr., Ivanka, Jared, Eric and Rudy who could be liable on numerous fronts... (7/12)

...for contravening the Foreign Corrupt Practices Act (Ivanka, Rudy), lying on FBI declarations (Jared) and who knows what else?

Will he get away with it? In all probability, yes.

Trump may also attempt to self-pardon... (8/12)

...although DoJ guidance suggests it would not be legal – and most constitutional scholars agree. This is virgin territory for the Supreme Court.

Important to note that pardons only apply to federal crimes... (9/12)

...and will not save the family from ongoing investigations by New York State and the Manhattan DA which relate to tax and banking fraud. Nor does it cover future crimes.

Accepting a pardon also concedes guilt... (10/12)

...which means any recipient is deprived of their right to plead the Fifth Amendment against self-incrimination on the matter for which they attained relief. (11/12)

Fin.

(12/12)