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Mark Levin: If Elected, Trump Can Pardon Himself from State Charges, Too
Breitbart ^ | August, 16 2023 | Joel B. Pollak

Posted on 08/16/2023 9:38:29 AM PDT by Vendome

President Trump can, in fact, pardon himself from the GA charges if he is elected president.

1. The Constitution's silent about whether a president can be indicted.

2. The DOJ has taken the position under both parties that you cannot indict a sitting president because it would cripple the executive branch and make his ability to defend himself effectively impossible.

3. Given the DOJ's position, and the Supremacy Clause in the Constitution, I would argue strongly that the idea that a president cannot be indicted at the federal level because it would cripple the executive branch, but can be indicted by local DAs, would have exactly the same effect as a federal indictment, except there are thousands of local and state prosecutors making the crippling of a president even more likely.

4. FURTHERMORE, if indicted and even convicted, the idea that a president cannot pardon himself from state charges is absurd, again, not only because of the Supremacy Clause, but the same considerations that apply to a federal conviction would obviously apply to a state conviction.

Therefore, I disagree with Jonathan Turley's view and others who keep repeating it.

(Excerpt) Read more at breitbart.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: communists; devil; marklevin; presdjtrump; satanic; trump; trumppersecution; worshiping
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1 posted on 08/16/2023 9:38:29 AM PDT by Vendome
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To: Vendome

2 posted on 08/16/2023 9:39:56 AM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: Vendome

the southerns states should of filed charges against Lincoln apparently!


3 posted on 08/16/2023 9:41:50 AM PDT by TexasFreeper2009
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To: Vendome

Wishful thinking, Presidents cannot pardon state charges, nor have they ever tried.

No precedent for this, and separate sovereigns.


4 posted on 08/16/2023 9:44:53 AM PDT by GreenLanternCorps (Hi! I'm the Dread Pirate Roberts! (TM) Ask about franchise opportunities in your area.)
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To: Vendome

I still laugh at anyone that thinks the establishment is going to let Trump get elected. It’s not going to happen. They control it all now.


5 posted on 08/16/2023 9:47:10 AM PDT by Codeflier (Don't worry....be happy)
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To: Vendome
Levin -- "FURTHERMORE, if indicted and even convicted, the idea that a president cannot pardon himself from state charges is absurd, again, not only because of the Supremacy Clause, but the same considerations that apply to a federal conviction would obviously apply to a state conviction." That would be good, but President Trump has to get re-elected to be able to pardon himself for both federal and state charges. I believe that the chance of that happening is very low.

If five million people descend on the Washington Mall to protest the conversion of our country to the USSA, then I'd believe Trump could get re-elected. But the populace is strangely and eerily quiet about all the travesties of injustice heaped on Trump. It will take a HUGE populist uprising to put a stop to the communist take-over of the former USA.

The leftists got a half-million people to show up in Washington DC on November 15, 1969 for the largest antiwar protest in United States history. We need ten times that number to show up to save the country.


6 posted on 08/16/2023 9:52:56 AM PDT by ProtectOurFreedom (We are proles, they are nobility.)
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To: GreenLanternCorps

A president or former president has never been charged with a crime before.

So no precedent for indicting a former president exists, yet. But, wait for SCOTUS to change all that when they docket the appeals from President Trump’s show trials.


7 posted on 08/16/2023 9:58:10 AM PDT by aligncare ( Make America Great Again…Trump 2024)
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To: Vendome

The democrats have deemed questioning stolen elections Illegal


8 posted on 08/16/2023 10:00:47 AM PDT by butlerweave
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To: GreenLanternCorps

Lack of precedent has no bearing on this.

The supremacy clause is specific to preventing this very thing and the legal argument which has been supported in many cases is the state cannot override federal jurisdiction.

This is very much a legal question unanswered and has a strong legal argument.

As for trying, how about you first find where it was ever an issue in the US where is was required to remedy a constitutional conflict or prosecutorial misconduct?

The premise is simple, your logic would allow any local DA to arrest and disrupt the presidency, obviously a situation rife with potential abuse. The constitution was written to prevent such conflicts and has remedies written into it specific to the house and senate to exercise.


9 posted on 08/16/2023 10:01:09 AM PDT by Skwor
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To: Codeflier

I still laugh at anyone that thinks the establishment is going to let Trump get elected. It’s not going to happen. They control it all now.


They win when we give up and only then. Sounds like you have...............


10 posted on 08/16/2023 10:08:35 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: PeterPrinciple

Tuning out and laughing as it will collapse around everyone. That is a little different than giving up.


11 posted on 08/16/2023 10:19:05 AM PDT by Codeflier (Don't worry....be happy)
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To: ProtectOurFreedom
In 1969, you could drive or take a bus, train, or plane to Washington, DC, anonymously, as no ID was required. Facial recognition technology was not available to police agencies. Most transactions were with cash or paper check. If used, credit cards were manually processed after checking a list of deadbeat cards.

If you go to a protest, by all means drive there, park a good distance away from that protest. Use cash for all transactions and avoid toll roads.

12 posted on 08/16/2023 10:20:00 AM PDT by Wallace T.
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To: TexasFreeper2009
What the southern states should have done is to treat the attack on Ft. Sumpter the same way as the raid on Harper's Ferry exactly 18 months earlier.

They would have allowed time for tempers to cool while the legality of succession made its way through a friendly supreme court and quite possibly avoided the bloodiest war in American history.

13 posted on 08/16/2023 10:22:42 AM PDT by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
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To: Wallace T.
Use cash for all transactions and avoid toll roads.

And, more important, if you take a cell phone at all, buy and use a burner phone like Tracfone.

14 posted on 08/16/2023 10:30:12 AM PDT by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
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To: GreenLanternCorps

Levin’s argument is more subtle. State charges for the actions of a sitting president would indeed invoke the federal supremacy clause, although it might not technically be a pardon. Look for more explanation from Levin.


15 posted on 08/16/2023 10:35:14 AM PDT by jjotto ( Blessed are You LORD, who crushes enemies and subdues the wicked.)
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To: TexasFreeper2009

The Southern states should have bargained with Lincoln over several new Constitutional Amendments as part of their deal to end the war early.


16 posted on 08/16/2023 10:39:01 AM PDT by JJBookman (Leave Rome and come home to Eastern Orthodoxy, the time is VERY short now! )
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To: Codeflier

Tuning out and laughing as it will collapse around everyone. That is a little different than giving up.


How in your mind is that different?


17 posted on 08/16/2023 11:00:23 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: GreenLanternCorps
No precedent for this, and separate sovereigns.

I'm not decided yet on Levin's position on this but your rebuttal is not a factor.

Precedent doesn't matter and the Constitution and the Supremacy clause state that states aren't a separate sovereign.

18 posted on 08/16/2023 11:00:35 AM PDT by FreeReign
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To: Codeflier

If the establishment controls it all, why did Hunter Biden’s sweetheart deal fall apart? The establishment should have told the judge to not ask any questions.


19 posted on 08/16/2023 11:08:30 AM PDT by convoter2016
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To: GreenLanternCorps

On the other hand, a lot of unprecedented $#!+ is going down lately.


20 posted on 08/16/2023 11:09:47 AM PDT by I-ambush (We watched the moment of defeat, played back over on the video screen. )
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