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25

When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? The Constitution provides very little guidance regarding this point, and it isn't clear that the Founders were of one mind about how it was intended to be used. Relieving Wrongful Or Doubtful Convictions One important point to keep in ...


18

First, there is no definitive correct answer to this question because it has never happened over the course of 45 Presidencies. But, it certainly could come up. If the President purports to pardon himself for a federal crime and is then prosecuted, the judicial branch would have to decide if the pardon was valid. But, I would disagree with the answer from @...


17

He can, to the extent that there is a federal charge involved. There is no limit to the power to "grant reprieves and pardons for offenses against the United States", but there is no power to grant reprieve or pardon against a US state or foreign country. In other words, a presidential pardon would prevent the person from being tried or punished by the US ...


10

The president alone has power, under Article II, Section 2, Clause 1, to grant pardons for federal offenses. Many states have an analogous power for governors, to pardon state offenses. In some states, though (for example Minnesota), there is a board in charge of the process (made up, in Minnesota, of the Governor, Chief Justice and Attorney General). ...


8

Yes. The President can pardon everyone (with the possible exception of himself) of crimes, and can pardon people by category rather than by name. But, the President can only pardon federal crimes that have been committed and are mentioned in the pardon. However, the federal crimes do not have to have resulted in convictions or even charges to be ...


8

The canonical example is Gerald Ford's pardon of Richard Nixon.


7

Can Congress essentially pardon a violation of law through legislation? Yes. Congress has the power to retroactivity reduce the sentence for a crime for which someone has been sentenced. This was done most recently in the Fair Sentencing Act of 2010 that reduced excessive penalties for crack cocaine relative to powder cocaine. In the same way, when the ...


7

If a President uses pardons too freely, and in what seems to be a corrupt manner, Congress could, in theory, impeach the President and remove him or her from office. This has never happened. How likely it might be in future is more a subject for the politics forum. A pardon cannot immunize a person from an individual damage suit, or even from a later ...


6

He will be thrown out of office (the "except in case of impeachment" clause means the president cannot immunize a person against impeachment); because he was pardoned by POTUS, he will not be charged of the crime that he was pardoned for – the prosecution does not get a chance to argue anything. They might however prosecute him for some other offense not ...


5

Could the acceptance of the pardon then have any bearing on the case in the other jurisdiction? Possibly, but not much. There is very, very little case law on this point since: (1) pardons are rare (especially federal ones), (2) people who are pardoned generally do so because everyone in the criminal justice process in the prior case agrees that the ...


4

The US Constitution Article II, Section 2 grants sayt that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment". It does not anywhere say that a pardon can be rescinded. Until a constitutional amendment is added giving the president the power to rescind a pardon (zero chance of ...


4

No. The relevant provision of the United States Constitution is Article II, Section 2, Clause 1 which states in the pertinent part: The President . . . shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. The correct conclusion flows pretty directly from the definition of a "reprieve"...


4

The simple legal answer is that the President has this power because the law gives it to them. Historically, the right of the head of state to grant pardons is a legacy of autocratic monarchical rule: this was a power that kings and queens had over their subjects. In France, this power ended with the monarchy during the French revolution but was reinstated ...


3

In short, no, that cant be a pardon for those police officers who would be now influenced to take more violent actions towards those they detain. Pardons are only applicable to past actions. You may be pardoned before charges are filed, but the actions must have already occured. Though I less certain about this, simply because Ive never heard such a thing ...


3

Art II, Sec 2, Cl 1 of The Constitution says of the president "and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment". The Constitution does not state any further restrictions on the presidential power, and there are no statutory limits, because, as observed in Ex parte Garland, 71 U.S. ...


3

If the item is contraband, it will not be returned. Despite the pardon, the item may also be subject to civil forfeiture (for example if the item is proceeds from a drug sale). The item may also be kept as evidence in a different criminal or civil case, either involving the accused person, or for the very same crime involving another party. There is one ...


2

To put it another way, does the pardoning of a suspect necessarily halt all investigative activity into the pardoned crimes and effectively nullify any extant search warrants? Necessarily halt all investigative activity? No. On a practical level, if there are no plausible remaining criminal targets, a pardon might make an investigation effectively ...


2

This analysis by UCLA law professor Eugene Volokh concludes that the answer is yes. A person may refuse to testify, even when subpoenaed, on the grounds that the testimony may expose him to criminal liability. But if the prospect of criminal liability disappears — whether because he has been granted adequate immunity by prosecutors, or because he has ...


2

Twenty States Allow Pre-Conviction Pardons The default rule is that states follows the federal rule that a crime can be pardoned any time after it is committed, but cannot be pardoned before it is committed. It appears that this is the rule in 20 U.S. states (a compilation of state clemency laws and procedures can be found at this website and a compact ...


2

'Pardons' are for past offences. The relevant power for future offending is 'prosecutorial discretion', which would be under the control of the relevant officials at the time of the offending. So you definitely can't, on your last day in office, give someone a prospective get-out-of-jail-free card, because you can't bind your successor in office. ...


2

No. A governor has no authority under the law of another state. The governor of West Sconsin can no more pardon a conviction under the laws of East Sconsin than can the president of Mexico pardon a conviction under the laws of the United States.


2

It depends on your location. A felony conviction can limit your rights in various ways, and those rights may or may not be restored at the state level. See this article for discussion of federal convictions and collateral civil disabilities. The Dept. of Justics says that "a presidential pardon will restore various rights lost as a result of the pardoned ...


2

No. There are few if any checks on any President for any Pardons issued (a general Impeachment may be the only check but there has never been a strong call for impeachment for a pardon.). Further more, the protection against Double Jeopardy is in effect meaning future Presidents cannot prosecute the pardon recipient for any crimes that were pardoned by a ...


2

"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, ...


1

The article references one purported offer of a pardon, where CNN claims that President Donald Trump told Customs and Border Protection Commissioner Kevin McAleenan he would grant McAleenan a pardon if he were sent to jail for having border agents block asylum seekers from entering the US in defiance of US law The allegation has yet to be ...


1

"The law" cannot offer a pardon, but an executive might. For instance, the governor of a state often has the power to grant pardons for state convictions, therefore a governor can pardon e.g. those convicted on state misdemeanor marijuana possession charges. Such a pardon is not automatic and is not guaranteed, hence in Washington, it took almost 7 years for ...


1

As a general rule assume no when a law is abolished, the conditions under which previous convictions are to be delt with can be determined, but must not be In the case of §175 in Germany, no conditions were set so no further charges, but existing convictions remainded as is At a later point of time it was desided that the nullification could be applied ...


1

One source states: Obstruction could occur, for instance, if the President suggested publicly that he might pardon a White House aide who was under investigation, which could signal an obstructive quid pro quo--the target's silence about the President's illicit involvement in exchange for the President's pardon. Luke M. Milligan, The "Ongoing ...


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