So he probably has not been under incarceration in the meantime. OK, well, not sure you can pardon someone who has not yet been convicted. Maybe Trump jumped the gun on this one.
Nixon was never even charged. Arpaio was convicted, then pardoned after a motion to overturn the conviction was filed.
Nixon was not convicted and he was pardoned. The President can pardon the unconvicted as well as those crimes not yet revealed.
Settled 150 or so years ago. ‘Ex parte Garland’:
https://www.law.cornell.edu/supremecourt/text/71/333
...9. The power of pardon conferred by the Constitution upon the President is unlimited except in cases of impeachment. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment. The power is not subject to legislative control.
10. A pardon reaches the punishment prescribed for an offence and the guilt of the offender. If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities and restores him to all his civil rights. It gives him a new credit and capacity...
You can even pardon someone even before they've been charged for anything. Any suggestion otherwise is just nonsense.
Ah...no. The pardon is a done deal. This judge is a snowflake LIB lunatic.
...not sure you can pardon someone who has not yet been convicted. Maybe Trump jumped the gun on this one.
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He has been convicted. The Oct. date is when sentencing is scheduled. Since he has been pardoned for the conviction, there should be no need to go through the sentencing hearing.
You can pardon someone not even charged with a crime. See Richard Nixon.