Amendment XXVIII
Section 1. The President may be prosecuted for any act not expressly authorized by law.
Section 2. The authority of the President to grant reprieves and pardons shall not extend to himself or any accomplice.
2/
"But no pardon may issue for any offense occurring during a person's term of office where they hold any office whatsoever of trust or honor under the United States or of any State, or for the president, vice-president, or any direct relation of the same, except as Congress may provide by law"
No roadblock for investigations clause: No holding of immunity is allowed to affect eligibility of evidence if the president or any associate (read: accomplice) are in violation of criminal law
4. Conviction for felonies committed in any part while in office shall disqualify the President for any future public office
5. Any judge may not rule on the immunity of the President that appointed them
6. This amendment is self-executing
7. We really mean it
8. and in case it's not covered by 2), a Vice President elevated by resignation can't pardon the ex-President, and an acting President can't pardon anyone at all.
9. Presidential pardons don't count if they're issued after early voting begins in any state. Any pardon that isn't transmitted from the White House to Congress and made public does not count.
[DISCLAIMER: I ANAL]
Perhaps additional language that the eligibility for the office of President, insofar as criminal behavior is disqualifying, must be no less strict than that of any other civil servant?
bsky.app/profile/nort...
Can we add an additional pardon constraint?
“All Pardons must be out published in the public record the day they are issued. Congress may veto any pardon by a 2/3 vote of both houses of Congress within 90 days of the publication of the pardon”
Language is just off the top of my head
But, while we’re touching the pardon power, I think eliminating self pardons is importing, eliminating secret pardons is important, and giving Congress a time-limited veto mechanism with a high bar is a nice to have safety valve
I would like the plenipotentiary pardon modified so that a full public allocution is required, and any crimes not SPECIFICALLY admitted to are not covered.
No “white card” pardons… and no “secret pardons”.
It might sometimes be complicated to find every law which could be used, but then you can just require a full description of all actions which are pardoned so that the people can see exactly what's covered. With a rule that dishonest descriptions aren't valid pardons.
The "may" phrasing just removes the presumptive immunity SCOTUS created. Congress would still need to pass a law (signed by the President or overriding a veto) prohibiting the relevant prosecuted conduct
He couldn't be prosecuted for the loan forgiveness move
"Held: because the president is authorized by law to give directions to his cabinet officials, directing them to have people murdered is an official act for which he may not be prosecuted"
The president shouldn't act outside his authority. In order to prosecute someone though, you would need to allege a law they have violated. Absent a statute explictly making violating this amendment a crime, they're going to be prosecuted only for existing crimes.
Add a section forcing judges to be recused from any cases in which they are presiding over a case involving their appointer or accomplices of their appointer
“Accomplice” seems tricky to establish. Would Roger Stone have been considered an accomplice? Bannon? Was Caspar Weinberger an accomplice of GHW Bush? Who decides?
I wonder if it would be more straightforward to require all pardons get approval from a Board of Pardons consisting of members appointed by the House, Senate, President, and appellate court system?
I would clarify 1 to say "any criminal act not otherwise authorized by law" and 2 to specify "any accomplice or coconspirator to a criminal act by the president." But other than those details, I agree.
Alternate possibility for pardons: Require that they be publicized and must be issued at least six months before the end of a term. That way, no pardoning of end-of-term shenanigans & voters can see them ahead of time. Maybe also make them subject to 2/3 Congressional override.
My only modification of this would be to change section 1 to guarantee that the president may be prosecuted for breaking a law.
Section 1 just is too vague in the same way that vagueness got us into this situation.
Section 1 seems a little broad. To me it seems to allow criminal prosecution for non-criminal conduct. I'm thinking of an act (such as issuing an executive order) which is later found to violate a statute - but not a violation rising to the level of a crime. Otherwise I like all 3 concepts.
Maybe? My other example would be something located in LOAC, so some language limiting Sec 1 only to domestic criminal law or not allowing Sec 1 as a specific jurisdictional grant might also not go amiss.
If you're writing a constitution amendment there is nothing stopping you from going further and simply write "Ex-President Donald Trump, and whatever he changes his name too, must not be President or hold any federal public office for any reason at any time, so help us all."
It requiring 2/3 of each chamber and 3/4 of the state legislatures makes that practically impossible 😉
This theoretically allows a Trump admin to prosecute Biden
Except if Biden pardons himself and his family and any potential Trump retribution targets. Hell, pardon the whole fucking country and tell Trump to eat shit.
