In the wake of the Twelfth Night White Riot, President* Pennywise has resumed his self-pardon musings. I am on the record as believing that a self-pardon would be unconstitutional and unlikely to survive a court challenge. If I were like my former law professor Con Law, I’d drop Larry Tribe’s name at this point. Oops, I did it again. I cannot help myself. It’s one of my favorite stories.
Why am I suddenly advocating an unconstitutional presidential* self-pardon? For two reasons. First, it’s doomed to fail in the courts. There’s no way even the current SCOTUS has a majority that will uphold an action that clearly makes future presidents above the law. It will also have the comedic effect of extending Team Trump’s legal losing streak.
Second, it will oblige the Department of Justice to indict the Kaiser if Chaos on federal charges. The Sovereign District of New York has been itching to indict Trump since the Stormy Daniels payoff case. A self-pardon will make such an indictment inevitable. That should open the floodgates on federal legal action against Donald J Trump and his criminal associates. A president who has acted like a mob boss should be treated like one. I may have to revive my mob boss nickname for Trump: Don Donaldo, Il Comico Insulto. FYI, I’m not adding Impeached to that nickname. I’m also uncertain if I will call him the Impeached Impeached Insult Comedian if he becomes the first person to be doubly impeached. Too much typing.
Enough about nicknames, back to the law.
A test case is not only necessary to test a self-pardon’s constitutionality, it’s imperative. If it is allowed to stand, all presidents would be above the law. President* Pennywise may like that idea but no one else should.
So, Donald, self-pardon yourself. I double dog dare you. One of your presidential predecessors, Ronald Reagan, was fond of quoting Dirty Harry Callahan played in the movies by Clint Eastwood. He gets the last word: