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[quote=Anonymous][quote=Anonymous]Senator Leahy asks if Barrett agrees that nobody is above the law.

Barrett: "I agree that no one is above the law."

When Leahy follows up on whether presidents can self-pardon, Barrett punts & says she will not offer a view.

Leahy: "I find your answers somewhat incompatible."[/quote]

Leahy is being disingenuous here.  It is clear that the presidential pardon power says The President "shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."  It is also been opined by the Supreme Court that they can be pre-emptive (i.e., before actually being charged), but it has not been considered whether the President can pardon himself.  Regardless, because it is a pardon only for offences against the U.S., it looks like an admission of guilt, therefore a pre-emptive pardon that attempted to say it was only because of a prospective malicious prosecution would cause an additional aspect to the controversy.  Also, whether "except in Cases of Impeachment" would be read broadly to mean anything that could give rise to an Impeachment (i.e. high crimes and misdemeanors  of a President even where Impeachment is not a potential punishment because the person is no longer in office) or only to an actual Impeachment process.

I find the Constitutional issue here interesting.  [/quote]

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