An interesting scenario...

[djf]

I have a bit of a question about things.

Now it seems that it is pretty clear at this point Obama is going to end his term as President. And as many, if not all presidents have done at the end of their term, he will probably issue pardons for people.

So...

What happens if he pardons the President-elect, otherwise known as Hillary Clinton?

How will that go over? Am I missing something? (As usual!!)

Interested to hear others comments.

[jjotto]

Pardons don’t affect impeachment, if that is your question. There is no point in a pardon of a president-elect.

[A CA Guy]

You have to be found guilty of a crime for a pardon.

[Helicondelta]

Obama will be more likely to pardon her when she loses the election.

Wouldn’t want Trump’s attorney general prosecuting her.

[skr]

First there would have to be charges—I’m guessing there aren’t enough spines in D.C. to start the paperwork.

[misanthrope]

Pretty sure only the convicted can be pardoned.

[2ndDivisionVet]

Richard Nixon.

[Helicondelta]

“You have to be found guilty of a crime for a pardon”

Nope.

“In 1866, the Supreme Court ruled in Ex parte Garland that the pardon power extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.”

[jazminerose]

She won’t be the president elect.

[SpaceBar]

I'm not sure if the Ford/Nixon ‘pardon’ was adequately challenged legally. In effect what Ford did is say “if you convict him, I'll be president and will pardon him anyway so don't waste your time”. Congress backed down and now we have our ‘legal precedent’ of the preemptive pardon, which again, I don't believe has been adequately challenged.

[knarf]

The problem with any pardon for cankles is the charges.

Every pardon I know of (and granted, I have not made it a study to know that much) has been for a specific crime.

Any pardon for cankles that could or would keep her out of prison has to blanket about 20 different charges and if odumbo really wants to set himself up as the all forgiving messiah (lower case intentional), I can pretty much guarantee his position as non entity for the remainder of his life.

I don't think cankles can be pardoned.

Which crime do you select to pardon ?

Which remaining crime un-pardoned imprisons her ?

see ?

[MarchonDC09122009]

How convenient.
I’m sure Obola knows this already since he’s a Constitutional Law “professor”.

RE: “You have to be found guilty of a crime for a pardon”

Nope.

“In 1866, the Supreme Court ruled in Ex parte Garland that the pardon power extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.”

[jjotto]

No. See Gerald Ford and Richard Nixon.

There’s the 1915 Burdick vs. U.S. case, which holds that accepting a pardon is an admission of guilt, so even official charges aren’t necessary, as was the case with Nixon.

[SpaceBar]

Let’s test that hypothesis with an absurd example. Suppose Ozero says “I’ll pardon anyone convicted of murder in the future”. What stops him?

[cynwoody]

What happens if he pardons the President-elect, otherwise known as Hillary Clinton?

Start here, in September 1974:

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Richard Nixon became the thirty-seventh President of the United States on January 20, 1969 and was reelected in 1972 for a second term by the electors of forty-nine of the fifty states. His term in office continued until his resignation on August 9, 1974.

Pursuant to resolutions of the House of Representatives, its Committee on the Judiciary conducted an inquiry and investigation on the impeachment of the President extending over more than eight months. The hearings of the Committee and its deliberations, which received wide national publicity over television, radio, and in printed media, resulted in votes adverse to Richard Nixon on recommended Articles of Impeachment.

As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States. Whether or not he shall be so prosecuted depends on findings of the appropriate grand jury and on the discretion of the authorized prosecutor. Should an indictment ensue, the accused shall then be entitled to a fair trial by an impartial jury, as guaranteed to every individual by the Constitution.

It is believed that a trial of Richard Nixon, if it became necessary, could not fairly begin until a year or more has elapsed. In the meantime, the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former President of the United States. The prospects of such trial will cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.

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 States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.

IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of September, in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.

That is the controlling legal authority. For those of you in Rio Linda, that means he has the power.

IOW, Obama could wipe the Hildebeest's slate clean, sometime between 9 November and noon, 20 January.

If she's the President-elect, I should think that would be cause for civil unrest.

If not, the new President should ignore it and get on with the task of demolishing Progress and making America Great Again!

[Gaffer]

I once thought as you but it turns out that the pardon is for the offense, and only for federal offenses (adjudicated or not). If you remember Gerald Ford Pardoned Nixon even though he had not been indicted for anything.

More information here:

https://www.justice.gov/pardon

[wastoute]

President Elect Hillary is a ghost that is disappearing like thin smoke from a small fire of twigs in a light breeze.

[wastoute]

No. Ford pardoned Nixon and he was never accused of crime.

[jjotto]

Presidential pardons apply only to federal crimes. Very few murders are federal crimes.

[PattyinMD]

I was told you have to be convicted before you can be pardoned.