Donald Trump this morning declared his “absolute right to PARDON myself.”
Perhaps Congresswoman Kristi Noem would like to retract this Sunday campaign tweet:
Dr. Frank O. Bowman blogged Friday in response to the despicable pardon of propagandist Dinesh D’Souza that the President’s pardon power is nearly absolute. Nearly.
Mr. Trump is right that a president’s pardon power is nearly absolute. Some academics have argued that a pardon can be reviewed and reversed by courts either on due process or separation of powers grounds. Those arguments are almost certainly wrong. A president’s pardon of himself may be invalid as violating the fundamental common law principle that no man may be the judge of his own case, but even that is debatable. However, to say that the pardon power is nearly absolute means only that a pardon, once issued, cannot be undone and the person pardoned cannot be unpardoned. That does not mean that the pardoner — the president — is immune from consequences if he misuses his constitutional authority.
Indeed, it is absolutely clear that the Framers of the Constitution believed that a president could be impeached for misuse of the pardon power [Frank O. Bowman, “The D’Souza Pardon: Trump Builds the Case for His Own Impeachment,” Impeachable Offenses, 2018.06.01].
Keep that Tweet handy, Billie.