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49 votes

Can the President of the United States pardon proactively?

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 ...
Peter - Reinstate Monica's user avatar
38 votes
Accepted

If the President's power to grant pardons is absolute, could he face any consequences?

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 ...
grovkin's user avatar
  • 2,578
37 votes
Accepted

Do US presidential pardons include the cancellation of financial punishments?

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 ...
Dale M's user avatar
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35 votes

What is the purpose of pardoning powers?

They are the modern legacy of the Royal prerogative of mercy Or in Commonwealth countries that still have a monarch, it is the Royal prerogative of mercy. Its modern functional purpose is to provide ...
Dale M's user avatar
  • 211k
29 votes

Can the President of the United States pardon proactively?

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 ...
Buffy's user avatar
  • 459
27 votes

If the President's power to grant pardons is absolute, could he face any consequences?

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 ...
Michael Seifert's user avatar
27 votes
Accepted

If elected, could Jo Jorgensen practically/theoretically pardon everybody convicted of victimless crime?

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 ...
user6726's user avatar
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26 votes
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Can the President counter Mayorkas' impeachment with a pardon?

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 ...
Someone's user avatar
  • 17k
25 votes
Accepted

How are presidential pardons supposed to be used?

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'...
ohwilleke's user avatar
  • 218k
25 votes
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Can President of the United States pardon himself if convicted of treason or some other wrong doing?

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 ...
ohwilleke's user avatar
  • 218k
25 votes
Accepted

Can a US president secretly pardon themselves?

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 ...
bdb484's user avatar
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20 votes

Execution via pardon

Yes. This is legal, even though it is highly unlikely. There were very few, if any, instances of the federal pardon power being used this way historically, but it could happen, and President Trump, ...
ohwilleke's user avatar
  • 218k
18 votes

If elected, could Jo Jorgensen practically/theoretically pardon everybody convicted of victimless crime?

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",...
sharur's user avatar
  • 8,803
17 votes

Can a U.S. President pardon an accessory to murder if the murder occurred in a foreign country?

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 ...
user6726's user avatar
  • 215k
17 votes

What is the purpose of pardoning powers?

The purpose was to place in an individual person, independent from the judiciary, the power and individual agency to provide mercy for outcomes that have resulted in "unfortunate guilt." See ...
Jen's user avatar
  • 57k
16 votes

How are presidential pardons supposed to be used?

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 ...
Putvi's user avatar
  • 3,992
14 votes
Accepted

Can the President of the US pardon everyone?

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 ...
ohwilleke's user avatar
  • 218k
13 votes
Accepted

Indiana governor's pardon powers

The Indiana constitution is phrased differently to the US constitution in such a way to exclude pre-emptive pardons: (Indiana) The Governor may grant reprieves, commutations, and pardons, after ...
James K's user avatar
  • 996
12 votes

Can the President counter Mayorkas' impeachment with a pardon?

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 ...
Tiger Guy's user avatar
  • 7,042
11 votes
Accepted

Does anyone besides the president have the authority to pardon?

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,...
user6726's user avatar
  • 215k
11 votes
Accepted

Could a US president be advance pardoned from the result of a senate trial following impeachment?

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 out ...
Dale M's user avatar
  • 211k
11 votes

Do US presidential pardons include the cancellation of financial punishments?

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 ...
user6726's user avatar
  • 215k
11 votes

Execution via pardon

No... because it would be rare for the President of the United States to have the power to pardon this person in the first place. Typically, crimes of this nature are prosecuted by the State or ...
hszmv's user avatar
  • 23k
10 votes
Accepted

Does accepting a pardon have any bearing on trying that person for the same crime in a sovereign jurisdiction?

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 (...
ohwilleke's user avatar
  • 218k
10 votes
Accepted

Can Congress issue a legislative pardon?

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 ...
ohwilleke's user avatar
  • 218k
10 votes
Accepted

Execution via pardon

President Rodrigo Duterte of the Philippines did something similar to that. The major snag in the United States is, the President can only pardon federal crimes. Murder is almost always a state ...
Davislor's user avatar
  • 2,884
9 votes
Accepted

Can Clinton be pardoned without being charged or convicted?

The canonical example is Gerald Ford's pardon of Richard Nixon.
user6726's user avatar
  • 215k
8 votes

Does the President's Pardon authority extend to crimes not committed at the time of the pardon?

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 ...
ohwilleke's user avatar
  • 218k
8 votes

What is the purpose of pardoning powers?

Under the rule of law, laws must not be retroactive and they should not be too specific. But sometimes, justice requires not applying the existing law in a specific case. By giving the power of pardon ...
o.m.'s user avatar
  • 17.8k
7 votes

Presidential pardon: What does "except in Cases of Impeachment" mean?

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 ...
user6726's user avatar
  • 215k

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