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Pardons

Posted: Tue Nov 15, 2016 4:50 pm
by BackInTex
I saw a headline "Illegals Demand Obama Issue Mass Pardon". Aside from the word "demand", it got me thinking about presidential pardons. How far can they go?

Can Obama pardon a specific person for "any crime" committed to date? We all know Hillary hasn't committed any so its moot, but could he? Just in case? Or does the pardon have to be specific in some way? Obviously Obama would not want to pardon someone for a murder they may have committed or commissioned (wink, wink) but may want to pardon someone for white collar type crimes.

Can the president pardon someone for a crime committed, but know know the person, just grant a blanket pardon for anyone committing a particular crime? I believe that was done for the Vietnam draft dodgers by Ford or Carter.

Can the president pardon someone for a crime they have yet to commit?

Re: Pardons

Posted: Tue Nov 15, 2016 4:56 pm
by bazodee
Wasn't Ford's pardon of Nixon in advance of any charges or indictment?

Not being an attorney, I have a basic question. Am I correct that the President can only pardon those convicted of a federal crime? That the right to pardon those guilty of state crimes rests with the governor?

Re: Pardons

Posted: Tue Nov 15, 2016 4:58 pm
by silverscreenselect
BackInTex wrote: Can the president pardon someone for a crime they have yet to commit?
Only in Monopoly.

Re: Pardons

Posted: Tue Nov 15, 2016 5:02 pm
by silverscreenselect
bazodee wrote:Wasn't Ford's pardon of Nixon in advance of any charges or indictment?

Not being an attorney, I have a basic question. Am I correct that the President can only pardon those convicted of a federal crime? That the right to pardon those guilty of state crimes rests with the governor?
The presidential pardon power only applies to federal crimes already committed, although the individual does not have to be arrested or convicted. The state pardon power would depend on the laws of the state and usually would lie in the governor. And the pardon power is in the Constitution, so it can't be changed by a federal law or other Act of Congress, only by a Constitutional Amendment.

It's worth noting that the number and extent of federal crimes in 1787 were considerably less than it is today.

Re: Pardons

Posted: Tue Nov 15, 2016 7:04 pm
by triviawayne
Waiting for Trump to pardon himself

Re: Pardons

Posted: Tue Nov 15, 2016 7:09 pm
by BackInTex
silverscreenselect wrote: It's worth noting that the number and extent of federal crimes in 1787 were considerably less than it is today.
Well, Congress has been busy making new laws for 200+ years; more laws mean more crimes. And then there is all the innovation the framers didn't account for. I can't believe they didn't see that internet thing coming. Its in Revelation. :)

Re: Pardons

Posted: Tue Nov 15, 2016 8:38 pm
by jarnon
Many of the immigrants that Pres. Obama would be inclined to help, like DREAMers brought here as children, haven't committed a Federal crime. Others entered legally and let their visas expire, or crossed the border so long ago that the statute of limitations has run out. For the ones who are guilty of a crime, a pardon would keep them out of jail, but wouldn't stop an administration determined to deport them.

Re: Pardons

Posted: Wed Nov 16, 2016 8:08 am
by OJ Simpson
Where does the line form?