Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Sacajaweau

Do not know if you can issue a pardon if there is not a conviction.


21 posted on 12/20/2016 8:53:38 AM PST by catman67 (14 gauge?)
[ Post Reply | Private Reply | To 6 | View Replies ]


To: catman67

I’m sure you can....it’s just semantics...


22 posted on 12/20/2016 8:57:55 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 21 | View Replies ]

To: catman67

Nixon was pardoned...but never convicted.


23 posted on 12/20/2016 8:59:48 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 21 | View Replies ]

To: catman67
Do not know if you can issue a pardon if there is not a conviction.

Yep. 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." (In that case, a former Confederate senator successfully petitioned the court to uphold a pardon that prevented him from being disbarred.) Generally speaking, once an act has been committed, the president can issue a pardon at any time—regardless of whether charges have even been filed.

Source: Preemptive Presidential Pardon

27 posted on 12/20/2016 9:21:19 AM PST by Washi (Democracy: Three wolves and one sheep deciding what's for dinner.)
[ Post Reply | Private Reply | To 21 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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