Posted on 03/31/2023 8:31:50 AM PDT by devane617
Ok, just a thought. What would be the fallout if Biden decided to pardon Trump? From reading several liberal rags today I can detect a bit of unease on the left at this indictment of Trump. There are so many possibilities ahead if this is actually allowed to play out. Local prosecutors and DA's around the country will fill the courts with charges against former Presidents.
Meaningless. These are state charges.
Pardons him for what? To pardon someone, you need an actual crime. And there is none.
Dogs and cats would lie down together and pigs would fly.
>Um, they just did.
He’s not before a judge yet and the file is under seal. They still have time to back out.
I actually gave this a thought too. Thinking the idea would be to make him look above partisanship and put Trump in an awkward position.... and maybe grab some independents or the infamous fragile suburban women. But then I laughed at myself as I totally forgot about the 35% of the TDS’ers, and purple haired freaks that he’d lose.
Because his actual string pullers— Susan Rice and Obamaumao the First would never allow such a thing and also because JoeBama is an Aderalled to the max Demented individual who is part of a criminal family employed by the Chi-Coms. Just as Obamaumao was and is— an islamo Muslim Brotherhood Communist. Not a US citizen loyal to our Constitution. Ever.
In order to GET a pardon— the party must admit guilt. Think Trump would ever do that... to the facade that is JoeBama? Watch the obama pervo embeds at DOJ starting with Merrick Garland (paedo pal of Emmett Sullivan). BTW this was why General Flynn never did. The trial disappeared even though Emmett tried to hold it on his own after the DOJ pull out their “case” that never existed.
The Constitution says “Offenses against the United States”.
There is no recognized legal basis anywhere for your opinion.
Flynn did not APPLY or ask for a pardon, which would have required him to admit guilt. The Derp State held him down, and God Bless Donald Trump he pardoned him anyway by E.O.
(1. Can’t pardon state convictions)
Exactly
This State Charge is based upon underlying FEDERAL paperwork errors. So, BIDEN COULD PARDON TRUMP for the Federal charges and then the State charge would no longer apply.
Please cite one such case.
Ridiculous thought, since Biden plays a major role in this indictment to begin with.
> Can US Presidents pardon indictments. <
Yes. They can even pardon people haven’t been indicted. For example, Jimmy Carter pardoned all the Vietnam War draft dodgers. Most of them hadn’t been charged.
But here’s the thing. Presidents can only pardon for federal crimes. Trump is being charged with a state crime. Only a governor can pardon for a state crime.
To be honest, I don’t see him getting indicted
that ship has already sailed.
Not a federal case/issue.
No pardon could be issued.
“Dream on.”
That’s not a dream, it’s a total Fantasy!
Don’t think he can since it’s not a federal crime? Just wondering.
The vegetable can’t keep his diapers clean much less comprehend the legal path of a pardon.
Created by FindLaw's team of legal writers and editors | Last updated May 30, 2018
In early 2001, just before leaving office, President Bill Clinton pardoned his brother Roger, who had been serving time for a federal drug-related offense. In 2017, in the first year of his presidency, President Donald Trump pardoned former Arizona sheriff Joe Arpaio, who had been convicted of defying a U.S. judge's order to stop racially profiling suspects. Presidential pardon power is enshrined in the Constitution and has been wielded ever since President George Washington's 1795 pardon of two men involved in the infamous Whiskey Rebellion.
Most Americans understand that a pardon sets aside punishments for a federal criminal conviction, while fewer may realize that the conviction itself remains on the books after the pardon. But what are the limits of presidential pardon power? This article explores these limits, in addition to presidential pardon rules, the meaning of a commuted sentence, and more.
Presidential Pardon Power: Interpreting the Constitution
As written in Article II, Section 2 of the U.S. Constitution, the President's power to pardon seems nearly limitless:
"[The President] shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
However, the details of the presidential pardon have been fleshed out through the courts and the legacy of former chief executives. Since the Constitution refers to "offences against the United States," the President's power to pardon is limited to federal offenses only. State governors have similar authority to grant clemency (the broader term for an executive's power to lessen a punishment) to those convicted of state crimes.
The U.S. Supreme Court clarified presidential pardon power in an 1866 case (Ex Parte Garland) challenging the pardon of a former Confederate soldier by President Andrew Johnson. In its opinion, the Court stated that this power "extends to every offense 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."
Presidents also may issue pre-emptive pardons -- or rather, a pardon for any crimes an individual may have committed or may have been charged with. For example, President Gerald Ford issued a pardon to outgoing President Richard Nixon even though Nixon had not been charged with any federal crimes at that point.
Additionally, the President may use this power to grant conditional pardons (such as serving a lesser sentence) or commutations; or to grant remissions (returns) of fines or forfeitures and respites (i.e. delaying a sentence).
Presidential Commutations
As with pardons, commutations are another way a president may grant clemency to a convicted criminal. But unlike pardons, which formally forgive the individual of their crimes and restore what may have been lost through the conviction (such as voting rights or the right to own firearms), a commutation merely ends the individual's sentence.
Can Presidents Pardon Themselves?
Whether Presidents may pardon themselves remains a subject of debate among legal scholars, although the Constitution clearly states that they may not pardon "in cases of impeachment." Still, it also doesn't say that presidents can't pardon themselves of federal crimes, although this particular gambit hasn't yet been attempted.
However, applying for and receiving a pardon is itself seen as an admission of guilt. So any attempt by a president to issue and grant a self-pardon would undoubtedly touch off a constitutional crisis and likely lead, at a minimum, to impeachment inquiries. Considering the original intent of the Framers, who were weary of tyranny, there would be serious constitutional concerns over the fact that a self-pardon could absolve presidents of criminal liability for either their official or unofficial acts, or even for crimes they may have committed before assuming the presidency.
Presidential Pardon Rules and Procedures
The rules and procedures for seeking and receiving a pardon are contained in the Code of Federal Regulations (Title 28, Chapter 1, Part 1). Anyone who wishes to apply for clemency at the federal level must follow the rules and file a petition with the Department of Justice (specifically, the Office of the Pardon Attorney).
The Pardon Attorney and their staff review petitions for clemency (either for a pardon or a commutation), conduct investigations, and prepare recommendations for the President. While the guilt or innocence of the petitioner isn't considered (i.e. the conviction stands), the decision to grant clemency generally rests on the following factors:
Post-conviction conduct, character, and reputation; Seriousness of the offense; Acceptance of responsibility, remorse, and atonement; Need for relief; and
Official recommendations and reports. Although there are formal procedures and guidelines in place for a presidential pardon or commutation, the President is not bound by these rules and may issue clemency in accordance with the powers granted by the Constitution.
Yep! They will do whatever it takes. Repubs are “there” to back up Dems. Trump always said in speeches for them to get a backbone and learn to win. Sadly, it seems that is not possible for them. I few will but it takes all of them. I don’t know why Trump would even bother anymore.
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