Cant pardon until indicted and convicted. Therefore, cant pardon himself.
Cant pardon until indicted and convicted. Therefore, cant pardon himself.Nonsense!
"The President . . . shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
(Article II, Section 2, Clause 1)
Justice Stephen Field wrote in Ex parte Garland (1867), "If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching [thereto]; if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity . A pardon reaches both the punishment prescribed for the offence and the guilt of the offender so that in the eye of the law the offender is as innocent as if he had never committed the offence."
According to United States v. Klein (1871), Congress cannot limit the President's grant of an amnesty or pardon.
That's not a rule, I'm afraid. Plenty of people have been pardoned without any kind of legal proceedings against them. Thousands and thousands in the case of amnesties....
“Cant pardon until indicted and convicted.”
Was Nixon indicted or convicted? I know Ford pardoned him.
“Cant pardon until indicted and convicted. Therefore, cant pardon himself”
Tell that to Gerald Ford and Richard Nixon
Not true. Ford pardoned Nixon for unindicted crimes.