Tags: Donald Trump | andrew napolitano | trump | pardon | david petraeus | nominate | cabinet

Napolitano: Trump Would Have to Pardon Petraeus to Nominate Him

Fox News' "America's Newsroom"

By    |   Tuesday, 29 November 2016 03:40 PM

President-elect Donald Trump was "very impressed" after meeting retired Gen. David Petraeus on Monday, but if he wants to nominate him for secretary of state or any other cabinet post, he'll have to pardon him for his crimes, Judge Andrew Napolitano said Tuesday.

"There would be several problems with his confirmation," Napolitano, now the senior political analyst for Fox News, told "America's Newsroom" host Bill Hemmer.

"I say this as a friend of Gen. Petraeus, full disclosure, and a fan of Gen. Petraeus," Napolitano continued. "At the time of his guilty plea, he admitted to taking federal government property. That would bar him from holding a federal office."

That means, said Napolitano, that Trump would be in the unusual position of pardoning Petraeus before his confirmation hearings would begin, but "he can do it with the stroke of a pen."

Petraeus in 2012 plead guilty to mishandling classified information, after sharing documents with his girlfriend and biographer, and was ordered to pay a fine. The plea also resulted in his stepping down as CIA director, but he still holds the misdemeanor charge on his records.

It would be an unusual step for Trump to pardon Petraeus in order to nominate him, Napolitano conceded, but at the same time, he said it could be done.

"Presidents usually pardon at the ends of their terms, because these pardons are often controversial, and they don't want to live with the controversy," said the retired judge. "Something tells me Donald Trump doesn't care about the controversy. He wants somebody and he wants to get him on the cabinet.

Petraeus had commanded forces in both Iraq and Afghanistan, and was sentenced to two years of probation and fined $100,000 after his guilty plea. On Monday, he said after meeting with Trump that the president-elect "basically walked us around the world" in their discussions.

"He showed a great grasp of the variety of challenges that are out there and some of the opportunities as well," Petraeus said.

However, Trump plans another meeting with 2012 GOP nominee Mitt Romney Tuesday. It will be his second meeting with the former Massachusetts governor, who was one of the new president-elect's harshest critics during this year's presidential race.

Tennessee Sen. Bob Corker and former New York City Mayor Rudy Giuliani are also being considered for the key cabinet post.

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President-elect Donald Trump was "very impressed" after meeting retired Gen. David Petraeus on Monday, but if he wants to nominate him for secretary of state or any other cabinet post, he'll have to pardon him for his crimes, Judge Andrew Napolitano said Tuesday.
andrew napolitano, trump, pardon, david petraeus, nominate, cabinet
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2016-40-29
Tuesday, 29 November 2016 03:40 PM
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