Pardons

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BackInTex
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Pardons

#1 Post by BackInTex » Tue Nov 15, 2016 4:50 pm

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?
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
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bazodee
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Re: Pardons

#2 Post by bazodee » Tue Nov 15, 2016 4:56 pm

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?

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Re: Pardons

#3 Post by silverscreenselect » Tue Nov 15, 2016 4:58 pm

BackInTex wrote: Can the president pardon someone for a crime they have yet to commit?
Only in Monopoly.
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Re: Pardons

#4 Post by silverscreenselect » Tue Nov 15, 2016 5:02 pm

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.
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triviawayne
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Re: Pardons

#5 Post by triviawayne » Tue Nov 15, 2016 7:04 pm

Waiting for Trump to pardon himself

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BackInTex
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Re: Pardons

#6 Post by BackInTex » Tue Nov 15, 2016 7:09 pm

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. :)
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
~~ Thomas Jefferson

War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)

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Re: Pardons

#7 Post by jarnon » Tue Nov 15, 2016 8:38 pm

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.
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OJ Simpson
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Re: Pardons

#8 Post by OJ Simpson » Wed Nov 16, 2016 8:08 am

Where does the line form?

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