When we recorded our Lawyer2Lawyer episode on the presidential pardon power, we had no idea President Trump would pardon Joe Arpaio, the controversial former Arizona sheriff. Our focus was Trump’s possible use of the pardon power in connection with Special Counsel Robert Mueller’s investigation into possible collusion with Russia. But with this latest news, the episode becomes all the more timely.
We look in depth at the president’s pardon power, including whether Trump could pardon himself, with two experts on the topic:
- Brian C. Kalt, professor of law and the Harold Norris faculty scholar at Michigan State University College of Law. Kalt is author of Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies (Yale University Press, 2012), and of the 1996 Yale Law Review note, “Pardon Me?: The Constitutional Case Against Presidential Self-Pardons,” 106 Yale Law Journal 779.
- Robert L. Deitz, professor of public policy at the Schar School of Policy and Government at George Mason University. Deitz was formerly senior councillor to the director of the Central Intelligence Agency and general counsel at the National Security Agency.
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