Opening Arguments

OA90: Pardon Me? Yes, Donald Trump Can Pardon Himself


Listen Later

In today's episode, Andrew definitively opines that the Presidential pardon power includes the right to self-pardon. We begin, however, with "Andrew Was Wrong."  This time, he was wrong about Thor Heyerdahl, but right about the fate of Ken Ham's Ark Encounter. In our main segment, the guys analyze the recent claims by Laurence Tribe, Richard Painter, and Norm Eisen that Donald Trump does not have the power to pardon himself and find it less than persuasive. Next, Andrew briefly discusses the legality of Trump's tweet regarding transgender individuals serving in the military. Finally, we end with an all-new Thomas Takes the Bar Exam Question #34 about introducing a rape victim's sexual history into evidence.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew's talk before the Lehigh Valley Humanists is now up on YouTube. Show Notes & Links
  1. We first discussed AIG's Ark Encounter land sale in Opening Arguments episode #88.
  2. This is the press release from Answers in Genesis regarding their Ark Encounter fraud, and here is one news account of how the City suspended the tax breaks for the Ark Encounter and the subsequent revocation of the sale.
  3. This is the Tribe/Painter/Eisen article in the Washington Post arguing that Trump doesn't have the power to pardon himself.
  4. Here is a link to the 1974 Lawton memo.
  5. This is a link to the Autobiography of Charles Biddle; you'll want to turn to page 306-08 for the Aaron Burr story.
  6. This is "The Law as King and the King as Law" from the Hastings Law Quarterly 20:7.
  7. Schick v. Reed, 419 U.S. 256 (1974).
  8. Chisholm v. Georgia, 2 U.S. 419 (1793).
  9. Here is a link to Gov. Stevens's self-pardon in 1856.
  10. This is a link to Mayor James G. Woodward's self-pardon for public drunkenness in 1901.
  11. Finally, this is the Newsweek article referenced on the show that discusses self-pardons.
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ And email us at [email protected]
...more
View all episodesView all episodes
Download on the App Store

Opening ArgumentsBy Opening Arguments Media LLC

  • 4.3
  • 4.3
  • 4.3
  • 4.3
  • 4.3

4.3

3,552 ratings


More shows like Opening Arguments

View all
Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

Amicus With Dahlia Lithwick | Law, justice, and the courts

3,531 Listeners

Cognitive Dissonance by Atheist and Skeptical News

Cognitive Dissonance

4,037 Listeners

The Scathing Atheist by Puzzle in a Thunderstorm, LLC

The Scathing Atheist

3,213 Listeners

Skeptics with a K by Skeptic Media Limited

Skeptics with a K

432 Listeners

God Awful Movies by Puzzle in a Thunderstorm, LLC

God Awful Movies

2,607 Listeners

The Skepticrat by Puzzle in a Thunderstorm, LLC

The Skepticrat

1,985 Listeners

The Lawfare Podcast by The Lawfare Institute

The Lawfare Podcast

6,308 Listeners

Knowledge Fight by Knowledge Fight

Knowledge Fight

4,645 Listeners

Citation Needed by Citation Needed Media

Citation Needed

2,663 Listeners

UnJustified by MSW Media

UnJustified

7,672 Listeners

Cleanup on Aisle 45 with AG & Harry Dunn by MSW Media

Cleanup on Aisle 45 with AG & Harry Dunn

1,893 Listeners

Dear Old Dads by Eli Bosnick, Thomas Smith, Tom Curry

Dear Old Dads

527 Listeners

Where There's Woke by Thomas Smith

Where There's Woke

268 Listeners

Law and Chaos by Liz Dye

Law and Chaos

376 Listeners

The Know Rogan Experience by Cross Pond Productions

The Know Rogan Experience

778 Listeners