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“The power to pardon is conferred upon the presidency. It is not a personal power of the man or woman who inhabits the office. ... Where a pardon is being used to protect the president personally, or protect the president’s family, friends, or conspirators, it should not be seen as a valid exercise of that constitutional power. Being able to tell one scenario from the other may not be difficult. Until Trump’s presidency, all recent presidents used a formal process for evaluating and granting pardons. Where pardons are awarded to conspirators of the president, and without any consistent rationale to support them, a court could find the pardon to be an invalid exercise of the power of the presidency.” — Andrew Weissmann
The power to pardon is conferred upon the presidency. It is not a personal power of the man or woman who inhabits the office. ... Where a pardon is being used to protect the president personally, or protect the president’s family, friends, or conspirators, it should not be seen as a valid exercise of that constitutional power.
Being able to tell one scenario from the other may not be difficult. Until Trump’s presidency, all recent presidents used a formal process for evaluating and granting pardons. Where pardons are awarded to conspirators of the president, and without any consistent rationale to support them, a court could find the pardon to be an invalid exercise of the power of the presidency.