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The Constitution & The Judicial Branch Discuss Can a Presidential pardon be undone? at the Political Forums; Originally Posted by cnredd Here's something even scarier... it would be a conspiracy theory to believe this ever happened (I ...

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Old 03-21-2016, 03:32 PM
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Default Re: Can a Presidential pardon be undone?

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Originally Posted by cnredd View Post
Here's something even scarier...

it would be a conspiracy theory to believe this ever happened (I don't), but if would be PERFECTLY LEGAL for a president to plan a crime with someone, and then pardon them for that crime later on...

My guess would that it would have to happen near the end of a term because, if connected, the president would put him(her)self in jeopardy, but it CAN be done...

President X - "Hey Person-outside-of-my-administration...Go do this crime and if you get caught, we've never had this discussion, and I'll pardon you right before I leave."...

That occurred to me after I read your post. Apparently a President can pardon anyone for crimes we don't yet know about.

Can a President pardon himself?
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Old 03-21-2016, 03:37 PM
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Default Re: Can a Presidential pardon be undone?

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Originally Posted by jimbo View Post
That occurred to me after I read your post. Apparently a President can pardon anyone for crimes we don't yet know about.

Can a President pardon himself?
From an old article...

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President Clinton promised this month not to pardon himself. It's surprising to see Clinton voluntarily relinquish a legal weapon, but even more surprising that he had his hands on it in the first place. Can the president really pardon himself?

No one knows the answer. The Constitution says that the president "shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." This sentence, like many in the Constitution, can reasonably be interpreted in several ways. And since no court has ruled on this issue--because no president has ever tried to pardon himself--it remains an open question.

The simplest interpretation is that the president can pardon any federal criminal offense, including his own, but cannot pardon an impeachment. In other words, Clinton is free to immunize himself from criminal prosecution, but has no power over Congress.

A competing interpretation is that the power to pardon "except in cases of impeachment" means the president cannot pardon someone who's been impeached, or at least cannot pardon the offenses which led to an impeachment. This interpretation not only prohibits Clinton from self-pardoning, it also prohibits a future president (e.g. Al Gore) from pardoning Clinton. (It was kosher for Ford to immunize Nixon, under this interpretation, because Nixon was never impeached.) The problem with this argument is that the Constitution elsewhere (Article I, Section 3) makes a distinction between "cases of impeachment" and subsequent criminal prosecution for the same offenses. So it's unlikely that the founding fathers were referring to the subsequent criminal prosecution when they restricted the power to pardon.
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Old 03-21-2016, 03:38 PM
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Default Re: Can a Presidential pardon be undone?

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Originally Posted by jimbo View Post
That occurred to me after I read your post. Apparently a President can pardon anyone for crimes we don't yet know about.

Can a President pardon himself?
Well, that was easy. From Yahoo answers:

The answer is yes.

Article 2, Section 3, Clause 1 of the U.S. Constitution gives the President broad pardon power. There is nothing in the Constitution that states a President may not pardon himself.

The President shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

There are only two restrictions on the President s pardon power:

He can only pardon "offences against the United States," in other words federal crimes. He cannot pardon state/local crimes or civil lawsuits or international crimes. He cannot pardon in a "case of impeachment."

There is no restriction on a President pardoning himself. Richard Nixon considered pardoning himself in 1974, but he was already facing impeachment and a self-pardon would have guaranteed his conviction and removal. So he resigned and let Gerald Ford pardon him one month later. The Constitution gave Nixon the power to pardon himself - he simply chose not to use that power.
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Old 03-21-2016, 06:06 PM
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Default Re: Can a Presidential pardon be undone?

More divisiveness from the right
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Old 03-21-2016, 06:58 PM
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Default Re: Can a Presidential pardon be undone?

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More divisiveness from the right
Anything to say concerning the subject?
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Old 03-21-2016, 07:45 PM
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Default Re: Can a Presidential pardon be undone?

Sure, when you have a crime someone has been pardoned for let me know. Besides, why does anyone really care? Let pretend Hillary was found guilty of passing information inappropriately. And lets see she was pardoned. Why do you or anyone care? Vengeance? And do you want Powell charged and pardoned as well?
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Old 03-21-2016, 07:54 PM
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Default Re: Can a Presidential pardon be undone?

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More divisiveness from the right
More blind loyalty from the left.
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Old 03-21-2016, 08:01 PM
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More blind loyalty from the left.
I'm not loyal or blind. But I'm not blinded by rw partisanship either.
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Old 03-21-2016, 08:31 PM
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Default Re: Can a Presidential pardon be undone?

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Sure, when you have a crime someone has been pardoned for let me know. Besides, why does anyone really care? Let pretend Hillary was found guilty of passing information inappropriately. And lets see she was pardoned. Why do you or anyone care? Vengeance? And do you want Powell charged and pardoned as well?
Is Powell today's diversion?

I care. Politicians should be held to the same standards as PFC's in the military.

Not vengeance, common sense.

Do you really want to go down the list of Presidential pardons?
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Old 03-21-2016, 08:56 PM
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Default Re: Can a Presidential pardon be undone?

Are there really morons out there that still think Clinton did the same thing that Powell did?

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