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To: COUNTrecount

Can someone help me out here? Can any president pardon someone for crimes with which they have not been charged? Absolution from future prosecution? That would place the individual above the law and, once again, the King would be law. I’m doubting the president has this ability to stymie future prosecution of an individual. Self-admittedly, I could be wrong.


11 posted on 12/29/2016 7:16:47 AM PST by refreshed
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To: All

Lock Her up.

Send Him back.


17 posted on 12/29/2016 7:19:06 AM PST by 80skid
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To: refreshed

Ford pardoned Nixon w/o a Charge and upheld by Supreme Court


22 posted on 12/29/2016 7:20:23 AM PST by Jimmy The Snake
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To: refreshed
Can someone help me out here?"

You betcha

"As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States. Whether or not he shall be so prosecuted depends on findings of the appropriate grand jury and on the discretion of the authorized prosecutor. Should an indictment ensue, the accused shall then be entitled to a fair trial by an impartial jury, as guaranteed to every individual by the Constitution.

It is believed that a trial of Richard Nixon, if it became necessary, could not fairly begin until a year or more has elapsed. In the meantime, the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former President of the United States. The prospects of such trial will cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.

Now, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9,1974."

26 posted on 12/29/2016 7:22:00 AM PST by Jim Noble (Die Gedanken sind Frei)
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To: refreshed

Unfortunately that’s what happened to Nixon.

However, if the Clinton Foundation is a criminal enterprise and continues to operate after the pardon, I don’t think the pardon could cover for those future crimes.


77 posted on 12/29/2016 7:40:36 AM PST by MNDude (God is not a Republican, but Satan is certainly a Democrat)
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To: refreshed

It can be a general pardon for acts she has done up to the point of the pardon but it can’t give a “preemptive” pardon for future acts. Ford’s pardon of Nixon was a broad general pardon for any acts during a specified time prior to the pardon.


101 posted on 12/29/2016 8:13:02 AM PST by Castigar
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To: refreshed
Can someone help me out here? Can any president pardon someone for crimes with which they have not been charged? Absolution from future prosecution?

.............

Last time I looked it up seems it was legal however very un- professional and highly unethical seldom done.

............

http://www.inquisitr.com/3706867/can-obama-pardon-hillary-clinton-guilty-criminal-indictment-crimes-arrested-wikileaks-bill-clinton-foundation-richard-nixon-legal-precedent-clemency-2020/

................

Can Obama Pardon Hillary Before Indictment? Bill Clinton Ironically Provides The Answer

Prevailing expert opinion seems to be the belief that a Hillary pardon is even possible before a Trump-run FBI recommends the Department of Justice to have Hillary indicted for the email server scandal. Attorney Samuel T. Morison told the Charlotte Observer that Obama can pardon Hillary but the “only constraint is that he can’t pardon someone in advance of committing the offense” and “the Constitution says the president can pardon ‘offenses’ against the U.S., not ‘convictions’.”

As it so happens, we do not have to look too far back into history for a legal precedent for this unique situation. In 2001, Bill Clinton granted clemency to former CIA director John Deutch, who was accused of mishandling classified information, prior to any charges being filed. Deutch had failed to follow basic security precautions and rejected Pentagon requests that security systems be installed.

Is Hillary Guilty? It Depends On What The Meaning Of What The Word “Intent” Is Similar to the allegations against Hillary, Deutsch violated government rules by working with 31 classified materials on an unsecured computer at his home. Unlike Hillary, Deutsch admitted to his “error.”

“While serving as Director of Central Intelligence I erred in using CIA-issued computers that were not configured for classified work to compose classified documents and memoranda,” Deutch said in 1999, according to the Washington Post. “While it was absolutely necessary for me to work at home and while on travel, in hindsight it is clear that I should have insisted that I be provided the means of accomplishing this work in a manner fully consistent with all the security rules.”

When the FBI decided to not recommend Hillary’s indictment, they claimed that “there is evidence that [Hillary and her staff] were extremely careless in their handling of very sensitive, highly classified information” since “110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received.” However, the FBI claimed no “reasonable prosecutor” would consider Hillary guilty since the focus was on Hillary’s intent, or whether she willfully disobeyed the law. This is an important distinction since the U.S. Code on the Disclosure of Classified Information specifically notes that a person must “knowingly and willfully” mishandle the classified information.

Still, recent history also provides examples of where the FBI and the justice system successfully prosecuted someone who mishandled classified information without intent being the determining factor in judging guilt. According to the Associated Press, former Navy reservist Bryan Nishimura took classified Army records home with him after his deployment ended. Nishimura’s lawyer, William Portanova, argued that the military veteran had “never intended to break the law but was a pack rat.” Even though the violation was claimed to be a “technical and unintentional one,” the “Justice Department nonetheless thought it needed to punish ‘to make its point'” clear.

116 posted on 12/29/2016 9:25:58 AM PST by rodguy911 (Go Sarah go! America home of the free because of the brave.)
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To: refreshed

Yes it would be a blanket pardon for all actions or inactions taken by the individual up to the moment the pardon was signed. Any current or future or past prosecutions or investigations are irrelevant. The pardon is connected with the person’s actions. That, by the way, is what happened with the GRF pardon of RMN — President Ford pardoned Richard Nixon for any actions he took up to the moment of the pardon


123 posted on 12/29/2016 10:49:12 AM PST by Calif Conservative (rwr and gwb backer)
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