Of course a Presidential pardon is no good against New York State criminal charges….
But THAT isn’t what the above headline is about, is it?
The NY AG is pointing to Donald Trump quitting being President so his Vice President Mike Pence can pardon him from any Federal criminal charges after he leaves office….
New York Attorney General Letitia James (D) predicted on Tuesday that President Trump would step down from office and then have Vice President Pence preemptively pardon him.
“He can preemptively pardon individuals, and the vast majority of legal scholars have indicated that he cannot pardon himself,” James said during an appearance on ABC’s “The View.” “What he could do is step down and allow the vice president — Vice President Pence — to pardon him.”
“I suspect at some point in time he will step down and allow the vice president to pardon him,” she added later….
The hypothetical scenario James predicted was laid out in a 1974 Department of Justice memo that stated former President Nixon “cannot pardon himself.”
“If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President. Thereafter the President could either resign or resume the duties of his office,” read the memo.
Trump can pardon individuals for federal crimes, but he cannot pardon state crimes, James noted…..
Last year, New York lawmakers passed a bill advocated by James that would allow state charges to be pursued against an individual who has already received a pardon for a federal conviction.