Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: jjotto

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.


30 posted on 08/30/2017 4:53:20 PM PDT by Jim W N
[ Post Reply | Private Reply | To 27 | View Replies ]


To: Jim 0216

Nixon was never even charged. Arpaio was convicted, then pardoned after a motion to overturn the conviction was filed.


36 posted on 08/30/2017 4:58:27 PM PDT by MortMan (Nobody goes there any more. It's too crowded! [Y. Berra])
[ Post Reply | Private Reply | To 30 | View Replies ]

To: Jim 0216

Nixon was not convicted and he was pardoned. The President can pardon the unconvicted as well as those crimes not yet revealed.


39 posted on 08/30/2017 4:58:47 PM PDT by Jarhead9297
[ Post Reply | Private Reply | To 30 | View Replies ]

To: Jim 0216

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...


41 posted on 08/30/2017 5:00:09 PM PDT by jjotto ("Ya could look it up!")
[ Post Reply | Private Reply | To 30 | View Replies ]

To: Jim 0216
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.

You can even pardon someone even before they've been charged for anything. Any suggestion otherwise is just nonsense.

47 posted on 08/30/2017 5:03:07 PM PDT by Greetings_Puny_Humans (I mostly come out at night... mostly.)
[ Post Reply | Private Reply | To 30 | View Replies ]

To: Jim 0216

Ah...no. The pardon is a done deal. This judge is a snowflake LIB lunatic.


54 posted on 08/30/2017 5:22:04 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
[ Post Reply | Private Reply | To 30 | View Replies ]

To: Jim 0216

...not sure you can pardon someone who has not yet been convicted. Maybe Trump jumped the gun on this one.
************************************
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.


71 posted on 08/30/2017 6:47:19 PM PDT by octex
[ Post Reply | Private Reply | To 30 | View Replies ]

To: Jim 0216

You can pardon someone not even charged with a crime. See Richard Nixon.


72 posted on 08/30/2017 7:31:15 PM PDT by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 30 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson