So -- can Bush do it? Can he pardon himself before leaving office?
According to attorneys whom I asked, there is no definitive legal answer.There is no case law on the subject and not even much legal analysis of the possibility. All there seems to be are three law review articles that analyze the self-pardon power with arguments for and against its legality. (I am convinced by the arguments against its legality, but given the present Supreme Court, who knows?).
You might be interested in a much less troublesome -- and perfectly legal -- route that Bush can take to avoid prosecution.
He can simply pardon Cheney (and everyone else) and immediately resign. Cheney then becomes president and pardons him. Short, sweet, and -- after consulting with an attorney -- perfectly legal.
Would the entire country freak out over such brazen self-dealing? No doubt. Would Bush, Cheney, Rumsfeld, et al., care? Not a bit. After all, given the choice between a trial for high treason and murder (resulting in a possible death sentence) versus millions of people thinking badly of them (which 82 percent of the public already does), the answer is obvious.
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