I’ve read where obama may give Hillary a presidential pardon. But I was wondering how he could pardon her for something she hasn’t been charged with. Wouldn’t that then be admitting her guilt before the charges?
However, supposing she has officially been charged with something before he leaves office, couldn’t he pardon her and effectively tie Trump’s hands from doing what he promised?
I hope that doesn’t backfire.
Or maybe that’s the point. To protect her.
“I’ve read where obama may give Hillary a presidential pardon. But I was wondering how he could pardon her for something she hasn’t been charged with.”
A president can pardon whoever he wants for any Federal crime regardless of whether their has been any charges at all.
Ford gave Nixon a full preemptive pardon even though Nixon had not been charged.
Gerald Ford gave Richard Nixon a full and unconditional pardon for any crimes he might have committed against the United States while president.
In 1866, the Supreme Court ruled in Ex parte Garland that the pardon power “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.” (In that case, a former Confederate senator successfully petitioned the court to uphold a pardon that prevented him from being disbarred.) Generally speaking, once an act has been committed, the president can issue a pardon at any time—regardless of whether charges have even been filed.
My question is can the election be delayed ?