A person cannot be pardoned by the President unless they have been convicted of a crime. Obama can’t pardon Hillary, unless she is first convicted.
Obama can’t pardon Hillary, unless she is first convicted.
Ford pardoned Nixon without him having been convicted.
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.”
What crime was Richard Nixon convicted of?
Wrong. Nixon was never indicted never mind convicted of anything.
Ford’s pardon was a blanket pardon that cover all of Nixon’s time in the presidency, all possible acts. The only thing Ford couldn’t pardon was future acts. I have read that the legal reasoning about that is that if the president could pardon for future crimes it would be tantamount to writing ad hoc legislation, which would exceed executive power (well unless you are Obama, of course).
Anyway, Obama certainly has the power to pardon Shrillary for unindicted past crimes. One hopes she doesn’t get off that way, but the presidential pardon power is very broad.
Pssst, Jerry Ford, Richard Nixon....? Were you asleep in the ‘70s or not born yet?