…he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.–Article II, Section 2 of The Constitution
Can Trump pardon Stone? Professor Corey Brettschneider, writing for Politico, claims he can’t.
Many scholars agree that once a president has been impeached, he or she loses the power to pardon anyone for criminal offenses connected to the articles of impeachment. Less noticed is that even after the Senate’s failure to convict the president, he or she does not regain this power.
- Is Corey Brettschneider’s argument valid?
- Is Stone’s case a “Case of Impeachment?”
- Could VP Pence pardon Stone?
- Who would have standing to challenge a pardon in court?
There is no precedent; the Supreme Court would have to decide.
Corey Brettschneider is professor of political science at Brown University and visiting professor of law at Fordham Law School. He is the author of The Oath and the Office: A Guide To the Constitution For Future Presidents.