Trump said he would consider pre-emptive pardons to protect Elon Musk and other close aides should Democrats take control of Congress

Donald Trump said he would be willing to protect Elon Musk and his staff if Democrats take control of Congress after the midterm elections this week.

In an interview for the “Pod Force One” podcast published Monday, Trump said he would move to “protect” the billionaire SpaceX and Tesla CEO if Congressional investigators targeted him.

Trump also indicated that he was weighing pre-emptive pardons for his close aides and others around him should the Democrats pursue investigations, according to Axios. It is a notion that the president has floated before to keep his team from facing prosecution for actions during the first two years of his term.

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[–] 152 points 1 week ago (9 children)

Preemptive pardon should not even be a thing.

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  • [–] 84 points 1 week ago (2 children)

    And if it is, the executive should list explicitly what crimes, on what days, against which individuals, cannot be brought to trial.

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  • [–] 80 points 1 week ago* (1 child)

    This is the real crux of the issue. Blanket pardons shouldn’t be a thing. If you want to pardon someone, it should be specific. Which crimes? Where? When? Who was victimized? Who else was involved? What was the outcome of the crime?

    The SCOTUS has already ruled in Burdick v. US that accepting a pardon requires admitting guilt of the crime you’re being pardoned of. The wording of the ruling was that a pardon carries “an imputation of guilt and acceptance of a confession of it.” The SCOTUS has consistently held that a pardon does not overturn a guilty conviction. Instead, it removes the punishment for the crime. You’re still unequivocally guilty after a pardon.

    It shouldn’t be some sort of “I pardon you for waves arms in air vaguely” power, because that turns the whole “needing to admit guilt” part into a sly wink wink elbow nudge situation. It puts the person’s crimes in a quantum Schrödinger state. The person accepting a vague pardon is inarguably guilty of something, because they admitted guilt when they accepted the pardon. But the court doesn’t know what they’ve admitted to until a prosecutor tries to indict them, and they go “oh no you can’t prosecute me, I was pardoned.”

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  • [–] 20 points 1 week ago

    It reminds me a little of popes selling indulgences. "Donate money and/or go on crusade, and I'll absolve you of any sins you've already commited or will commit in the future." That sort of thing eventually resulted in a rather significant schism.

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  • [–] 3 points 1 week ago (3 children)

    Accepting a pardon means you're guilty.

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  • [–] 6 points 6 days ago* (2 children)

    No, it doesn't.

    It does, however, void your 5th Amendment rights to refuse to testify against yourself.

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  • [–] 3 points 1 week ago* (1 child)

    Pardon should only be possible under very narrow circumstances. For example if laws got loosened after conviction or when convoction WAS obviously politically motivated. But neither can logically handed out before a judge read the verdict.

    What if trump pardons himself and friends for any sex crimes now, maybe even murder?

    Why would any judge honor this? Ooo now i'm thinking dems kept heads low regarding epstein convictions to use that very argumentation and they can't pardon themselves anymore. A man can have hope right?

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  • [–] 2 points 1 week ago

    I strongly disagree. There has to be a check on judicial overreach and miscarriages of justice. Pardons make sense for that.

    The problem with Trump isn't the use of pardons per se, it's that he's issuing them corruptly.

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