There are two issues here
1) auto pen
2) pardon without a conviction
Yup
“There are two issues here
1) auto pen
2) pardon without a conviction”
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3) No political will to seek accountability.
#2 isn’t an issue.
The most famous pardon of US history was Ford’s pardon of an uncovicted Nixon.
I would expand the second to: - Pardon without a criminal scope. So it may be acceptable to issue a pardon preemptively for a criminal act that has not yet come to trial, but a blanket pardon for any act, anytime prior to the pardon strikes me as being beyond the pale.
The constitutional limits of the presidential pardon need to be defined through a Supreme Court challenge.
Pardon without conviction is not an issue at all...we’ve done it forever...I think Eisenhower pardoned a general before he was ever charged.
Not sure a conviction is necessary for a pardon. Article II, ยง 2 of the Constitution gives the POTUS the "Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
A plain reading of this provision requires an offense -- a crime -- against the United States, but not necessarily a conviction or even a formal charge or indictment. In my opinion, however, the pardon at the very least should identify the underlying offense or the facts upon which the offense is based, i.e., all federal offenses that were committed or charged or could have been charged, for conduct in or about the United States Capital on January 6, 2021.