Biglaw

Two Biglaw Partners Urge Trump To Issue Blanket Pardons

Well, this isn't a great idea.

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Lee Casey and David Rivkin

Two partners at BakerHostetler, David Rivkin and Lee Casey — who’ve both previously worked for Republican administrations, recently took to the pages of the Wall Street Journal to offer President Donald Trump some unsolicited — and awful — advice. They argue that the investigation of special counsel Robert Mueller is partisan, and therefore the president should issue widespread and blanket pardons for anyone that may be implicated by the investigation.

Mr. Trump can end this madness by immediately issuing a blanket presidential pardon to anyone involved in supposed collusion with Russia or Russians during the 2016 presidential campaign, to anyone involved with Russian acquisition of an American uranium company during the Obama administration, and to anyone for any offense that has been investigated by Mr. Mueller’s office. Political weaponization of criminal law should give way to a politically accountable democratic process. Nefarious Russian activities, including possible interference in U.S. elections, can and should be investigated by Congress.

That’s not even something Richard Nixon would say.

And if the president wants to avoid even the possibility of wearing orange — a reference to prison jumpsuits, not to the presidential complexion — the good (?) news is they assert such a pardon would a cover Trump as well:

The president himself would be covered by the blanket pardon we recommend, but the pardon power does not extend to impeachment. If Congress finds evidence that he was somehow involved in collusion with Russia, the House can determine whether to begin impeachment proceedings. Congress also is better equipped, as part of its oversight role, to determine whether and how the FBI, Justice Department and intelligence agencies might have been involved in the whole affair, including possible misuse of surveillance and mishandling of criminal investigations.

An unpopular and divisive president using pardons in a questionable overreach of powers? I’m sure that ends well and there is nothing at all that can possibly go wrong.

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Surprisingly, John Yoo — you remember him, the George W. Bush attorney that authored the “torture memos” — agrees that while likely constitutional, such pardons would be a bridge too far, motivating Congress towards impeachment. And even Rivkin and Casey acknowledge there isn’t much the president could do about that. (It should be noted Yoo does say Trump can always fire Mueller, which plenty of other experts say could also spark impeachment wild fire.)

Unless, of course, Trump has a secret “impeachment wish.”

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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