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QUestion for Legal Scholars

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OriginalGoober
(@originalgoober)
Posts: 1861
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Topic starter
 

Can a former President issue a pardon or must it be a sitting President?

Can a sitting President issue a blanket pardon of expected charges to someone who has not yet been indicted or charged but may be indicted in early 2017.


 
Posted : November 9, 2016 3:58 am
gina
 gina
(@gina)
Posts: 4801
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That's a great question, I have no clue, but I think Assange may be planning to ask Trump for a pardon, and being that Wikileaks brought out the Podesta emails relevant to Hillary, well....


 
Posted : November 13, 2016 10:14 am
bob1954
(@bob1954)
Posts: 1165
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Can a former President issue a pardon or must it be a sitting President?

Can a sitting President issue a blanket pardon of expected charges to someone who has not yet been indicted or charged but may be indicted in early 2017.

1. No. Only the sitting President can issue a pardon.

2. Yes, a pardon can be issued even if charges have not been filed. From Slate.com:
"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."

http://www.slate.com/articles/news_and_politics/explainer/2008/07/preemptive_presidential_pardons.html


 
Posted : November 13, 2016 10:54 am
Muleman1994
(@muleman1994)
Posts: 4923
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Donald Trump should keep that card in his pocket so that the elitists in the Democratic Party don't step out of line.


 
Posted : November 13, 2016 11:18 am
porkchopbob
(@porkchopbob)
Posts: 4629
Illustrious Member
 

Can a former President issue a pardon or must it be a sitting President?

Can a sitting President issue a blanket pardon of expected charges to someone who has not yet been indicted or charged but may be indicted in early 2017.

1. No. Only the sitting President can issue a pardon.

2. Yes, a pardon can be issued even if charges have not been filed. From Slate.com:
"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."

http://www.slate.com/articles/news_and_politics/explainer/2008/07/preemptive_presidential_pardons.html/blockquote >

Ford granted Nixon a full and unconditional pardon for any crimes he might have committed against the United States while president.


PorkchopBob Studio

 
Posted : November 14, 2016 8:48 am
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