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50

Yes. The precedent is President Gerald Ford's pardon of his predecessor Richard Nixon in proclamation 4311 before any possible prosecution had started. The pardon was granted specifically to prevent the disturbance of "the tranquility to which the nation has been restored" by "the prospects of bringing to trial a former President of the United ...


38

Yes Presidential pardons only deal with breaches of Federal law. So, if the punishment is a fine then that penalty is waived. However, if the fine is punishment for breach of state law, the pardon does not touch it - he would need a pardon from the relevant state Governor(s). But Anthony Levandowski is not being punished with a fine, he was punished with a ...


36

There are 2 separate issues here: what happens to such a President and what happens to the person who has been pardoned. What happens to the person who has been pardoned? While at least one attempt at reversing a pardon has been discussed in recent history (Clinton's pardon of Mark Rich), there is no case of a pardon that has been reversed without the wishes ...


28

Questionable and Unsettled First, I am not a lawyer, nor a constitutional scholar. but Ford's pardon of Nixon was never tested in court so there is no precedent here. Some would like to claim that the pardon was valid, but until there is a test, no one can really say. The reason that it was never tested was that people were relieved to see Nixon go at the ...


27

Bribery of public officials is in itself a crime (18 USC § 201), for both the giver and the recipient: (b) Whoever— (1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official... (A) to influence any official act; ... (2) being a public official or person selected to be a public official, directly or indirectly,...


27

She does not assume a power to pardon for state crimes. The main impediment is the practical one, since a vague order regarding victimless crimes may not be enforceable. POTUS has historically granted general amnesties, such as Lincoln's Proclamation of Amnesty and Reconstruction which did not specify particular laws that were violated or individuals who ...


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 ...


24

There's no settled legal answer to this, but there seems to be a general consensus that this would not be legal under the Impeachment Clause, which says: The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. There would be two main issues here: 1. Can a president pardon ...


22

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 @...


18

Legally, the biggest hurdle is that the President can only pardon those convicted of federal crimes, in their position as the Federal Executive. Depending what is meant by "victimless crime", I would imagine many crimes are actually prosecuted and convicted under state law (e.g. drug possession, prostitution, etc.), and so are out of reach for a ...


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 ...


16

Presidential pardons can be used to pardon someone for any federal crime; if you are convicted of a state crime, the governor of that state has the right to pardon you. Impeachment is the only instance where the constitution prohibits pardons. Of the founding fathers, Alexander Hamilton was the most supportive of Pardons and wrote about the need for them in ...


14

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 ...


12

According to the DoJ, A commutation may include remission (release) of the financial obligations that are imposed as part of a sentence, such as payment of a fine or restitution. A remission applies only to the part of the financial obligation that has not already been paid. The Brookings Institute offers a slightly different (more detailed) opinion. If a ...


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). ...


9

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


8

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"...


8

No Section 2, Clause 1 says: ... and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. Impeachment is explicitly carved our from the President's power to pardon.


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

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 ...


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

Yes, here is an example. Gerald Ford pardoned Richard Nixon: Now, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United ...


6

The pardons would stand and continue to be valid. There is a minority view that the "except in cases of impeachment" language in the pardon clause of the U.S. Constitution deprives a President of the pardon power after impeachment until there is a U.S. Senate non-conviction. But the majority view is that this clause merely states that the loss of ...


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

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 ...


4

The reason a person can be compelled to testify after receiving a pardon is that they are no longer in jeopardy of incriminating themselves. http://time.com/4868418/donald-trump-presidential-pardons-backfire/ It would depend on the specific situation, but if you were in jeopardy of incriminating yourself in the state trial, you could plead the fifth, just ...


4

There's no limit but there are practical considerations Here's the relevant part of the Constitution: "[The president] shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." So from a Constitutional point of view, there's nothing stopping the president from pardoning a ton of ...


4

Yes, they can be sued civilly Or, for that matter, be prosecuted by another jurisdiction- pardons only work within the jurisdiction that issued them. In a common law jurisdiction, the pardon cannot be used as evidence Nor, for that matter, can a criminal conviction. This is partly because the elements that need to be proved for the civil wrong won’t ...


4

tl;dr: Yes, a pardon under German law is only possible for a final court sentence (or other similar sanctions, such as expulsion of a public servant). This is not written down explicitly anywhere. Rather, this rule, like most other rules around pardons, is a matter of historical convention. This is probably because the power to pardon itself is a historical ...


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