Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Question about Presidential Pardons

Posted on 10/26/2016 7:36:26 PM PDT by gitmo

Question: Can the President pardon someone for a crime they have not been arrested for?

Can the President pardon someone for a crime they have not been convicted for?

Should I have ended these sentences with prepositions?


TOPICS: Miscellaneous
KEYWORDS: pardon
Navigation: use the links below to view more comments.
first previous 1-2021-4041-47 next last
To: gitmo
I would also argue that the President only has the power to issue pardons in the public interest.

If someone claimed they could not be tried for a crime because they had been pardoned by the President I would argue that a judge would have the power to put that pardon aside if it could be proven that it was issued for illegitimate reasons such as bribery.

21 posted on 10/26/2016 8:06:51 PM PDT by Mad_as_heck (The MSM - America's (domestic) public enemy #1.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Peter ODonnell

If you need a form, here it is:

https://www.justice.gov/pardon/application-forms


22 posted on 10/26/2016 8:11:40 PM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: nopardons; kaehurowing
Obama can pardon Hillary in an attempt to derail any investigation into him.

But investigators can still investigate all people and all matters involved.

They may not be able to prosecute her, but they can still do everything else, including going after others involved.

It would come down to the Dems stonewalling any investigation, JUST because Hillary herself is immune.

23 posted on 10/26/2016 8:19:23 PM PDT by mountn man (The Pleasure You Get From Life, Is Equal To The Attitude You Put Into It)
[ Post Reply | Private Reply | To 7 | View Replies]

To: gitmo

Yes, yes, and in writing those questions, what is anyone objecting to?

:)


24 posted on 10/26/2016 8:20:06 PM PDT by Strac6 (Everything Depends On Defeating Hillary in November. Everything else is minor compared to that!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Karl Spooner

I’m sure that they did; just NOT anything like the Clintons and Obama. And how could they? Even Arron Burr and Benedict Arnold weren’t this horrible!


25 posted on 10/26/2016 8:31:06 PM PDT by nopardons
[ Post Reply | Private Reply | To 9 | View Replies]

To: mountn man
If she isn't elected president, she is NOT "immune", nor can Congress do a damned thing about it!

If ONLY we didn't now have a completely CORRUPT FBI, this would have been taken care of long ago.

Absolutely NOTHING is going to happen until Trump is president. Should he lose ( GOD forbid! ), then NOTHING at all will happen. :-(

26 posted on 10/26/2016 8:36:00 PM PDT by nopardons
[ Post Reply | Private Reply | To 23 | View Replies]

To: justlurking

With the addition that he can only issue pardons for Federal Crimes. He has no power over state crimes.


27 posted on 10/26/2016 8:39:33 PM PDT by hanamizu
[ Post Reply | Private Reply | To 5 | View Replies]

To: nopardons
She's immune if Obama pardons her.

And Obama HAS TO pardon her, in order to try to protect his own backside.

28 posted on 10/26/2016 8:46:24 PM PDT by mountn man (The Pleasure You Get From Life, Is Equal To The Attitude You Put Into It)
[ Post Reply | Private Reply | To 26 | View Replies]

To: TigerClaws

Say Clinton wins and Obama pardons her. Couldn’t congress then impeach her?


29 posted on 10/26/2016 8:53:16 PM PDT by Mike Darancette (Hillary 2016 - We haven't hit bottom yet.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Peter ODonnell

Article II section 2 of the constitution. No the courts can’t overturn them (or shouldn’t if we live in a constitutional republic).


30 posted on 10/26/2016 8:56:43 PM PDT by sharkhawk (GO CUBS GO)
[ Post Reply | Private Reply | To 12 | View Replies]

To: nopardons

Wasn’t Ford’s pardon of Nixon the only case where a pardon was issued where there was no conviction? No conviction = no crime. So how could he pardon him? That might have been one of those deals where wise to do evil people foresaw the benefit of that in the future and let it slide on by. Welcome to the future!


31 posted on 10/26/2016 9:06:51 PM PDT by Karl Spooner
[ Post Reply | Private Reply | To 25 | View Replies]

To: Karl Spooner
Yes, there was no conviction, since there wasn't even any kind of trial, nor even a citation of a crime. And Nixon was the ONLY president to be "pardoned".

No, this was NOT some kind of set up for the future! And Nixon did not even do 1/1,000th of what the Clintons and Obama have done.

32 posted on 10/26/2016 9:49:28 PM PDT by nopardons
[ Post Reply | Private Reply | To 31 | View Replies]

To: gitmo

In Monopoly, it is called a GET OUT OF JAIL FREE card.


33 posted on 10/27/2016 1:16:25 AM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
[ Post Reply | Private Reply | To 1 | View Replies]

To: gitmo

Just to be clear, pardons have no influence on impeachment and removal. In the case of someone out of office, impeachment and removal removes immunity, benefits, and eligibility for future office.

Impeachment and removal is what the Founders intended for corruption in the other branches.

And the Founders did admit the possibility of the corruption of all the branches, and they had no ready solution for it because, “First, if the people of America lay aside the Christian religion altogether, it may happen. Should this unfortunately take place, the people will choose such men as think as they do themselves.” (Debate in North Carolina Ratifying Convention, 30 July 1788).

We’re on our own.


34 posted on 10/27/2016 1:42:20 AM PDT by jjotto ("Ya could look it up!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: gitmo

Ending a sentence with a preposition is a practice up with we should not put!


35 posted on 10/27/2016 1:44:20 AM PDT by jjotto ("Ya could look it up!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mad_as_heck
I would also argue that the President only has the power to issue pardons in the public interest.

Where does it say that?

If the Founders had wanted pardons to be subject to review, they'd have spelled it out. But they didn't.

It is very Progressive to argue otherwise.

36 posted on 10/27/2016 1:56:54 AM PDT by cynwoody
[ Post Reply | Private Reply | To 21 | View Replies]

To: Karl Spooner
They did which is why they had the impeachment process put in.

But they never dreamed that the US people would elect an entire crooked government.

37 posted on 10/27/2016 2:06:56 AM PDT by Harmless Teddy Bear (Not a Romantic, not a hero worshiper and stop trying to tug my heartstrings. It tickles!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: gitmo

The President “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” (Article II, Section 2, Clause 1)

Gerald Ford’s pardon of Richard Nixon was never challenged. Nixon was never impeached nor convicted of any crime so it remains unknown whether or not a challenge would have been upheld.

The definitions of “reprieve” and “pardon” would need to be adjudicated but I believe a conviction is a pre-condition to either one. Issuing a pardon to absolve someone of suspicion, without a crime being charged, just seems improper, IMHO. I suspect we will learn more after the next round of pardons.


38 posted on 10/27/2016 2:46:29 AM PDT by DNME (This is the tyranny that the Founders warned us about.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: gitmo

Can the President pardon someone for a crime for which they had not been arrested?

Can the President pardon someone for a crime for which they were not convicted?

The answer is yes.

Even though the preposition thing is incorrect, it sounds more colloquial.


39 posted on 10/27/2016 2:58:34 AM PDT by Vermont Lt (Brace. Brace. Brace. Heads down. Do not look up.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: gitmo
The short answer to both questions is YES. The Heritage Foundation has an excellent commentary on the Constitutional clause here: Pardon Power [popups required].

To summarize, the President can issue a Pardon for anything but a future crime, since that would be nullifying a Federal law, something the President [supposedly] cannot do. Pardons can be issued for past and current crimes, whether or not there is an indictment, a trial, and even after the sentence is completed (expunging the record).

As others have pointed out, it only applies to Federal law but since the Clinton Crime Family operates in multiple states, undoubtedly they would file a motion to move any charge to Federal court. New York would be state most likely to be the source of any indictment and I would think a snowball has a better chance of surviving Hades than that event happening.

40 posted on 10/27/2016 5:44:42 AM PDT by NonValueAdded (#DeplorableMe #BitterClinger #HillNO!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-47 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson