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To: DSH
Presidential pardons trump state laws. I know it's hard to believe but the Prez has absolute power to pardon anyone on any conviction in any court within the USA.

That is simply not true.

Yes it IS true. A Presidential pardon is effective for both state and federal crimes.
Under Art. II, section 2 of the Constitution, the President "...shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." On first reading this may appear to mean that he can pardon for federal crimes, but not for state crimes. However, under the Supremacy clause of the Constitution, Art. VI, clause 2, the Constitution is the supreme Law of the Land," meaning federal law trumps state law.
In Bjerkan v. U.S., 529 F.2d 125 (7th Cir. 1975), the 7th Circuit Court of Appeals wrote, "In regard to the pardon power, the President's sphere is limited. He can only pardon those offenses which are 'against the United States.' But in this sphere, his power, like any constitutional power, must be supreme. It cannot be hindered by the operation of the subordinate governments. The pardon power would be ineffective if it could only restore a convict's federal civil rights. The pardoned person would still suffer numerous handicaps and would not receive the benefits of what the President in granting a full pardon would seem to intend--that the person be reinstated to his full rights as a citizen... we conclude that a presidential pardon restores state as well as federal civil rights."

So, in other words, Pres. Bush could pardon Gov. Bush if he wanted to.

97 posted on 03/24/2005 4:40:59 PM PST by mysto ("I am ZOT proof" --- famous last words of a troll.)
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To: mysto
So, in other words, Pres. Bush could pardon Gov. Bush if he wanted to.

You are misreading the case you cite, I'm afraid. It doesn't say that the Presidential pardon power extends to a crime committed under the laws of a given state. It is saying that when the President has pardoned someone of a federal offense, then any legal disability (e.g., such as not being able to purchase a firearm) that, as a matter of state law, attached to that person on account of that federal conviction is "wiped clean" by the Presidential pardon.

100 posted on 03/24/2005 4:59:52 PM PST by DSH
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To: mysto; DSH; dirtboy; Carl/NewsMax

The President can not pardon for a state offense according to the DOJ anyway.

http://www.usdoj.gov/pardon/pardon_instructions.htm

In relevant part: "Under the Constitution, only federal criminal convictions, such as those obtained in the United States District Courts, may be pardoned by the President. In addition, the President's pardon power extends to convictions obtained in the Superior Court of the District of Columbia and military court-martial proceedings. However, the President cannot pardon a state criminal offense."


106 posted on 03/24/2005 5:23:23 PM PST by OneTimeLurker
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To: mysto
the President in granting a full pardon would seem to intend--that the person be reinstated to his full rights as a citizen... we conclude that a presidential pardon restores state as well as federal civil rights."

It restored state civil rights. But the president cannot pardon state crimes. Try again.

158 posted on 03/25/2005 6:59:55 AM PST by dirtboy (Drooling moron since 1998...)
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To: mysto

What you posted states the pardon would restore state and federal rights. It says nothing about the offense to which the pardon applied being a state offense. I think there is a difference.


185 posted on 03/25/2005 8:59:18 AM PST by Trust but Verify (Pull up a chair and watch history being made.)
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