General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan a Presidential pardon be challenged?
Curious to know under what situation it may be.
Since we're in new territory with criminal Trump.
Thanks.
There are probably a lot of pardons that successor Presidents would have wanted to reverse. I think that may have come up with Clinton's pardons of FALN members, but Bush didn't do it. I would guess that it was because he couldn't.
MineralMan
(146,351 posts)marylandblue
(12,344 posts)On the other hand, if you are pardoned, you can't take the Fifth amendment.
This was cleared up under Clinton. Presidential pardons are not alienable.
California_Republic
(1,826 posts)... seems like you should fix the system and not patch it with pardons.
Bucky
(54,094 posts)It's a very powerful tool. It's often used by democrats to ameliorate injustices, and by Republicans to cover up corruption. I expect to see some pretty wacky headlines between Thanksgiving 2020 and Inauguration Day 2021
Demsrule86
(68,825 posts)All in all sometimes it rectifies true miscarriages of justice...also got pot users out of life sentences.
MedusaX
(1,129 posts)the Constitution...
The pardon must be accepted by the person being pardoned..., so, in that case, the recipient has the power to challenge the pardon..
And of course Pres Pardon only applies to Federal Criminal charges/crimes and is not
Applicable to civil, or state, local charges.
As for our current Nightmare....
>snip<
Congress, like the courts, has the power to compel witnesses to testify before them.
Should any witness refuse, Congress is granted the power to hold these witnesses in contempt.
By proxy, the power granted to Congress to hold in contempt anyone who refuses to testify also exists outside the pardoning power.
This means, that if the executive branch orders any of its administration not to testify before the legislative branch, Congress may hold that person in contempt, without the possibility of that witness being granted a pardon.
In this manner, witnesses are more likely to cooperate with Congress, especially in cases where the executive branch is being investigated.
>snip<
http://people.howstuffworks.com/presidential-pardon5.htm
mhw
(678 posts)..in NY & Trump couldn't pardon.
Good to know
LOL Lib
(1,462 posts)Schneiderman needs to get him on state racketeering charges. The whole damn family would be even better.
mhw
(678 posts)Schneiderman for President 2020.
Trump would glow in the dark if that happened.
He'd be so mad!
Glow in the dark Trump! You found a way to make him even more repulsive and I thought that was impossible!
world wide wally
(21,762 posts)Voltaire2
(13,270 posts)The president has no constitutional power to parole anyone.
Hassin Bin Sober
(26,365 posts)See: scooter Libby and Chelsea Manning
madinmaryland
(64,934 posts)onenote
(42,847 posts)Supreme Court: "It (the pardon power) extends to every offense 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.''
madinmaryland
(64,934 posts)book_worm
(15,951 posts)DemocratSinceBirth
(99,719 posts)onenote
(42,847 posts)DemocratSinceBirth
(99,719 posts)Hassin Bin Sober
(26,365 posts)He can't pardon himself or anyone else for state charges.
The Velveteen Ocelot
(116,003 posts)The president can only pardon federal crimes. Murder is federal only in limited circumstances, usually involving the killing of federal officials, judges, etc. or murders committed in the course of another federal crime, like bank robbery.
Orrex
(63,291 posts)Hell, what if he shoots all the letter carriers, pardoning himself after each? Who would have standing to challenge him?
The Velveteen Ocelot
(116,003 posts)Orrex
(63,291 posts)LOL Lib
(1,462 posts)I can see Drumpf giving the self pardon a try just because he is a showboat and wannabe dictator.
Hassin Bin Sober
(26,365 posts)onenote
(42,847 posts)That much is clear. But pardoning one of a crime that gives rise to an impeachment proceeding is not the same as pardoning one of impeachment.
Hassin Bin Sober
(26,365 posts)Can he pardon himself from any obstruction charge right now?
What if he pardons himself, Flynn, kushner and everyone else down the line? Does that end the special prosecutor and any FBI investigation?
That would leave us with the Senate/Congress investigations which would basically be a hand job at that point.
Pardon everybody based on a "witch hunt" and then claim no evidence was ever found. Let's move on. I wonder if this would be possible?
clementine613
(561 posts)... and, as such, the President cannot "pardon" someone from it.
StevieM
(10,500 posts)to pardon himself.
Most presidents, even corrupt ones, would be too embarrassed to do that. Not Trump.
roamer65
(36,748 posts)If Kushner or any of the Dump cabal are charged under state RICO laws, his power to pardon is useless.
Keep a close eye on the NY AG.
mhw
(678 posts)Does Preet Bharara work with him in some capacity now?
Not sure what role he may play in taking down the mob, but here is a cool Preet quote:
"A lot of the system is rigged, and a lot of your fellow Americans have been forgotten and have been left behind. Those are not alternative facts and that is not fake news, but I would respectfully submit: You don't drain a swamp with a slogan," Bharara said.
Preet for President 2020.
Yaaa!