Trump also has the power to order a unilateral strike. In doing so, he has the cover of it being in the interest of US security. He will be accountable for his actions, with the presumption that they were done in the interest of US security. However, if not legitimate argument for US security could be made and the actions can be shown to be largely person, he could be accountable for murder.
iLOL Not a relevant comparison.
The power to unilaterally strike is beholden to what? What has been laid out in legislation.
The power to pardon is not subject legislation. Such a Constitutional power is not and can not be beholden to legislation. Period.
There is no restriction that Congress can put on it without changing the Constitution.
Now, whether he can be charged as a sitting president is arguable, he can be impeached.
Irrelevant to it's use to pardon or commute, accusations, charges and convictions for Federal crimes.
Once impeached and removed, he could be subject to full prosecution later.
Still irrelevant to it's use to pardon, commute accusations, charges or convictions for Federal crimes.
Now, I appreciate that such is an absurd example. It is offered to help you understand that having the power does not mean you can not be held accountable for the misuse of that power, either politically or legally.
Not going to happen. Congress can use pretty much any excuse they desire to Impeach, but only dishonorable would impeach for using the Power of Pardon they way the Constitution allows.
Legally, its is not, and could not be an abuse of Power and no criminal charge could follow because the Constitution clearly allows it to be used the way it is anticipated being used.
Nor can such a Constitutional power be subject to legislation. It simply does not work that way.
If the people or Congress think it is a power the President should not have, an Amendment needs to be proposed to remedy the situation.
Now let me provided you with an example to try and make the point.
Let's say for arguments sake that it is considered an abuse of power for Congress to impeach a President simply for exercising his Constitutional authority in a way they dislike. What is the remedy for that abuse of power??
But for amending the Constitution, none, because it is a Constitutional authority that is not beholden to legislation.
Similarly, using the power of the pardon to protect yourself could easily be construed as obstruction of justice for which charges can be made.
iLOL No.
There is no such criminal remedy if anyone thinks it is an abuse of power.
Having the power is not a defense for using the power in a way the violates law.
iLOL It says that nowhere in the Constitution.
Exercising the power they way it was intended is not abuse and can not be challenged under law as the power is not beholden to the legislation.
Obstruction of justice is a violation of law.
Irrelevant. Exercising such a Constitutional power is not subject to the law.
The pardon is not the violation of the law; the resultant obstruction of justice is.
No. That puts a restriction upon the Constitutional power by legislation. Such interpretation is impermissible.
You can not make a legal act illegal by separating the legality of it's exercise form it's outcome.
In addition. Nixon was pardoned. Not obstruction.