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For as long as I can remember impeachment was something you did to a president. Mayorkas' impeachment came as a surprise. Assuming President Biden was so inclined, could he pardon Mayorkas? Would that save his job?

Someone
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candied_orange
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2 Answers2

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No. The relevant law is the Presidential Pardon Clause of Article II, Section 2 of the United States Constitution. This clause is the source of the President's power to pardon. It says, (emphasis added)

The President... shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

The president's power to pardon does not extend to impeachments.

As Tiger Guy mentioned in his answer, any civil officer of the United States can be impeached. Article II, Section 4 of the Constitution says,

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Presidential impeachments are quite rare; as noted by RBarryYoung in a comment on the question, most impeachments have involved federal judges. To date, according to Wikipedia, there have been 21 impeachments: fifteen judges, three presidents (four impeachments, as Trump was impeached twice), one Cabinet secretary, and one Senator. All eight convictions by the Senate have involved judges; four impeachments were not tried because the official left office prior to the trial, and eight officials (twice for Trump) have been acquitted.

Someone
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You have remembered impeachment incorrectly.

Article II, Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

As regards to a pardon,

Section 2: The President... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Tiger Guy
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