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Dissent Is Patriotic Donating Member (793 posts) Send PM | Profile | Ignore Sun Oct-26-08 07:17 PM
Original message
Pre-emptive Presidential Pardons
Can you be pardoned for a crime before you're ever charged?
By Jacob Leibenluft

Yep. 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 timeŚregardless of whether charges have even been filed.


http://www.slate.com/id/2195689/
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FlyingSquirrel Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 07:21 PM
Response to Original message
1. Can a president pardon himself?
:tinfoilhat:
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Dissent Is Patriotic Donating Member (793 posts) Send PM | Profile | Ignore Sun Oct-26-08 07:22 PM
Response to Reply #1
2. Not sure...here's more from the article...
Edited on Sun Oct-26-08 07:24 PM by Dissent Is Patriotic
snip

There are some exceptions: The chief executive can't pardon someone for a violation of state law or nullify a civil ruling, and his power doesn't extend to convictions handed down in an impeachment proceeding. (It's also not clear whether the president can pardon himself for future convictions.)


On edit: Bush certainly is a pioneer of rule-breaking/stretching...so if anyone was gonna test it out I'd put my money on him.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 07:22 PM
Response to Reply #1
3. It's never been tested. n/t
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Youphemism Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 07:31 PM
Response to Reply #1
5. If Bush tries to pardon himself, we'll just have to retroactively impeach him. :)
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laconicsax Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 07:24 PM
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4. By definition, the pardoned admits to breaking the law.
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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 08:06 PM
Response to Original message
6. Can we preemptively swear in Obama?
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rwenos Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 08:46 PM
Response to Reply #6
7. No - See 25th Amendment
Outgoing President's term ends at noon on January 20. Incoming President's term begins as soon as he takes the oath of office, AFTER outgoing President's term ends.
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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 09:23 PM
Response to Reply #7
8. Damn.
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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 09:30 PM
Response to Original message
9. They have broken so many laws they will probably forget a lot the ones they broke
It's just like with any other criminal enterprise, eventually the law of averages catches up with them no matter how slick they try to be
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elkston Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 09:34 PM
Response to Original message
10. Yeah, they do that in "24" all the time.
Terrorist who have info bargain it away with promises of Presidential Pardons for current and FUTURE crimes.

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