If the US Vice President murdered the US President using a poison pin prick, and took the oath of office before the death was found to have been murder, they WOULD be the US President. Then, as soon as they assumed office, they pardoned themself. Could ANYTHING be done? After all, the President has absolute power to pardon anybody. Constitutionally, would they remain President????
2007-12-26 00:50:26 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The congress can impeach the president, which, if successful, would mean that he would not be able to remain the president - the president has no power to stop that process.
2007-12-26 00:59:10 · answer #1 · answered by remowlms 7 · 0⤊ 0⤋
Remember, the President is the chief executive of the "federal sovereign" can only pardon for federal crimes. He could pardon himself for the federal offense under the US Code of murdering his predecessor, and this would be completely within his power and discretion. NOBODY could overturn that.
If it happened in the District of Columbia, the DC government's legislative jurisdiction is from the Federal sovereign and the Presidential pardon power would apply. Article I Section 8 Clause 16 gives Congress "exclusive legislative jurisidiction" over the District, you see, so that exclusivity means the DC government is operating under delegated Federal authority. The President could thus pardon himself for the violation of DC law.
If it happened in one of the states, murder is also a state crime. The President cannot pardon a state crime (state sovereign, not federal), so the state in question could try him.
The new President would remain President until removed under the Constitution. Given the gravity of the offense, the Cabinet would likely invoke the "disability" provisions of the 25th Amendment and install the House Speaker as Acting President, pending the fastest impeachment you ever saw.
While in the disability phase, the President would remain President, but his powers and duties would devolve upon the Acting President.
Short version: Dick Cheney could conceivably whack George Bush in the Oval Office, take the oath, immediately pardon himself, and be safe from ALL federal prosecution (including DC, since it's part of the federal sovereign). The most that could happen to him is impeachment and removal from office.
Bonus: If he really wanted to be hard core, he could resign right after pardoning himself. As a former President (for a few minutes), he would qualify for the pension and other perks authorized under the Former Presidents Act.
2007-12-26 00:58:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
if the VP murdered the President and someone found out...he could file an impeachment complaint against the murderer VP before the Congress...if the Congress impeach the murderer and the Senate convict him, then a case will be file against him in the court...any how come that a president that grabbed the power by assassinating the real president can possibly pardon himself...a president can only pardon a convict person...of course, if ever no one found out about the murder...no one will expose himself by pardoning himself...any how can you pardon yourself against a crime
2007-12-26 01:01:51 · answer #3 · answered by quieroexitzero 2 · 0⤊ 1⤋
If he assumed the oath of office before he was charged with the crime by a police agency he would have to be impeached before he could be arrested and tried. I doub't he'd able to pardon himself. That would be perceived as laughable by the courts. Even Nixon didn't try that.
2007-12-26 01:19:42 · answer #4 · answered by opinionator 5 · 0⤊ 0⤋
I'm pretty sure Congress would consider the murder of a sitting president a high crime and worthy of impeachment; and they would save criminal charges untill he were no longer a sitting president unable to pardon himself for an act he hadn't been charged with. THere ain't no blanket amnesty for ex-presidents.
2007-12-26 00:53:49 · answer #5 · answered by wizjp 7 · 0⤊ 1⤋
I don't think a President Can pardon himself.
If he could, then he could never be impeached or removed from office.
If he could, he could shoot a member of the opposite party's congressional delegation once a day until he had no one but his own supporters left in office...
I'm sure that could never happen...
2007-12-26 00:57:49 · answer #6 · answered by chocolahoma 7 · 0⤊ 1⤋
Impeachment proceedings would begin immediately to remove that president from office. No one would contest that.
2007-12-26 00:58:08 · answer #7 · answered by Voice of Liberty 5 · 0⤊ 0⤋
i've got faith John F. Kennedy, and Lydon B. Johnson weren't the ideal of acquaintances whilst serving at the same time in workplace. Kennedy recognized as a comfortable, and state-of-the-artwork guy or woman who grow to be properly cherished in his profession, at the same time as Johnson grow to be very stern, boorish, and could desire to come off as a bully. He grow to be no longer cherished properly for the duration of his political profession.
2016-10-09 04:51:35 · answer #8 · answered by kohut 3 · 0⤊ 0⤋
no he would not, because he would be convicted of murder. since he cant pardon himself, the speaker of the house would assume the role of president.
2007-12-26 00:58:41 · answer #9 · answered by Anonymous · 0⤊ 1⤋