Amy Coney Barrett went out on a limb far enough to agree with Sen. Patrick Leahy that “no person is above the law.” But agreeing that a president should not and cannot pardon himself was a bridge too far for her. Barrett fell back on her tried and true excuse that she can’t offer any view on any legal issue unless she has gone through the full process of deciding litigation on it.
This is, of course, not a hypothetical question. “President Trump claims he has an absolute right to pardon himself. Now, for 200 years the Supreme Court has recognized the common law principle that no one can be a judge in their own case,” Leahy said. That being the case, “would you agree, first, that nobody is above the law, not the president, not you, not me?”
“I agree, no one is above the law,” Barrett replied. Wow, bold stance! If only we could believe that she really believes it.
“Does a president have an absolute right to pardon himself for a crime? I mean, we heard this question after President Nixon’s impeachment,” Leahy followed up.
“Sen. Leahy, so far as I know, that question has never been litigated, that question has never arisen,” Barrett answered. “That question may or may not arise, but it’s one that calls for legal analysis of what the scope of the pardon power is, so because it would be opining on an open question when I haven’t gone through the judicial process to decide it, it’s not one on which I can offer a view.”
“But you are willing to say that no person, not you, not me, is above the law,” Leahy pointed out. “I find your answer somewhat incompatible, but those are your answers, you have the right to say what you want.”
The bottom line is this: Barrett refused to say that Donald Trump can’t pardon himself for his crimes. She refused to even repeat the basic principle that no one can be a judge in their own case as part of her nonanswer. She said “no one is above the law,” but she gave no indication she actually believes that.