Timeline for Can President of the United States pardon himself if convicted of treason or some other wrong doing?
Current License: CC BY-SA 4.0
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| Jan 27 at 0:01 | comment | added | ohwilleke | @supercat It is firmly established that Presidential pardons for federal crimes are recognized and binding and prohibit later prosecutions for those crimes, even when "someone was pardoned without any sort of indictment, much less prosecution, having happened first." The authority backing it up is beyond a comment. Some U.S. states allow such pardons, and others do not. | |
| Jan 26 at 23:10 | comment | added | supercat | Is there anything in US or common-law precedent that would recognize the possibility of binding pardons in cases where someone was pardoned without any sort of indictment, much less prosecution, having happened first? | |
| Jan 26 at 22:52 | comment | added | ohwilleke | @supercat Those are interesting speculations but catapult the analysis from a Law.SE analysis to a political one. | |
| Jan 26 at 21:32 | comment | added | supercat | ...a president might be allowed to exercise the second power with respect to himself while in office, though such exercise would be redundant, and such exercise would not preclude the possibility of future presidents bringing charges against the former president. By my understanding, by the time Carter took power, interest in prosecuting Nixon had faded to the point that nobody sought to treat Ford's "pardons" as non-binding. | |
| Jan 26 at 21:28 | comment | added | supercat | Would it make sense to split the pardon power into two powers: (1) the option to pardon someone who has been convicted of a crime, and (2) the power to direct that the executive not expend resources pardoning someone who would be pardoned anyway? Double-jeopardy protections would apply in the first scenario, but someone who has never been prosecuted for a crime would never have been in jeopardy even once. If one recognizes this split, the fact that legitimate prosecutions of a sitting president are delayed until the person has left office would mean that... | |
| Jul 22, 2023 at 21:33 | comment | added | Jon | Probably nothing prevents two close friends from agreeing between themselves that they will pardon each other if they become president, and then both becoming president (in whatever order). You may say that two people knowing in advance that they could both be president would be incredibly unlikely, but among certain societal circles I would say not that unlikely - the first president might even back the other one, to give him a better chance, or appoint him vice president. | |
| Sep 5, 2022 at 10:22 | history | edited | phoog | CC BY-SA 4.0 |
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| Jun 22, 2018 at 17:07 | vote | accept | Aashish Loknath Panigrahi | ||
| Nov 6, 2017 at 16:28 | history | edited | ohwilleke | CC BY-SA 3.0 |
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| Sep 11, 2017 at 22:27 | history | edited | ohwilleke | CC BY-SA 3.0 |
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| Sep 11, 2017 at 22:15 | history | edited | ohwilleke | CC BY-SA 3.0 |
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| Sep 11, 2017 at 22:06 | history | edited | ohwilleke | CC BY-SA 3.0 |
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| Sep 11, 2017 at 22:01 | history | edited | ohwilleke | CC BY-SA 3.0 |
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| Sep 11, 2017 at 21:38 | history | edited | ohwilleke | CC BY-SA 3.0 |
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| Sep 11, 2017 at 21:30 | history | answered | ohwilleke | CC BY-SA 3.0 |