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To: KJC1

Can’t pardon until indicted and convicted. Therefore, can’t pardon himself.


11 posted on 11/22/2008 9:34:32 PM PST by doc1019 (We are now an Obamanation. Palin 2012)
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To: doc1019; KJC1
Can’t pardon until indicted and convicted. Therefore, can’t 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.

20 posted on 11/22/2008 9:40:29 PM PST by narses (http://www.theobamadisaster.com/)
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To: doc1019
Can’t pardon until indicted and convicted. Therefore, can’t pardon himself.

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....

34 posted on 11/22/2008 9:59:40 PM PST by explodingspleen
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To: doc1019

“Can’t pardon until indicted and convicted.”

Was Nixon indicted or convicted? I know Ford pardoned him.


38 posted on 11/22/2008 10:19:03 PM PST by Gil4
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To: doc1019

“Can’t pardon until indicted and convicted. Therefore, can’t pardon himself”

Tell that to Gerald Ford and Richard Nixon


51 posted on 11/22/2008 11:07:28 PM PST by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: doc1019
Can’t pardon until indicted and convicted.

Not true. Ford pardoned Nixon for unindicted crimes.

63 posted on 11/23/2008 12:02:15 AM PST by Jeff Gordon ("An appeaser is one who feeds a crocodile hoping it will eat him last." Churchill)
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