General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan a president pardon someone before there is a trial and conviction?
The scenarios I'm reading suggest that Trump pardons everyone as soon as they are indicted.
If he could do that he could prevent any trial he doesn't like.
Even if there was a trial none of the guilty would have to tell the truth because they would be under no legal threat of perjury.
Va Lefty
(6,252 posts)jpak
(41,758 posts)yup
GreatCaesarsGhost
(8,584 posts)exboyfil
(17,863 posts)The Velveteen Ocelot
(115,731 posts)He later concluded that it cost him the 1976 election.
unblock
(52,243 posts)certainly a good number used that as a rationalization for their vote for carter.
however, the pardon helped considerably to "put it all behind us". sure, there was still plenty of talk about watergate, but it quickly became all in the past tense. if we imagine a world in which ford didn't pardon nixon, we have to imagine that there would have been continued investigations and trials and a longer period of time in which watergate was talked about in the present tense, as a still unfolding saga.
ford has more personal integrity in that scenario, but the republican "brand" would have been marred to a further extent than it was in real life. the 1976 election could have turned into more of a simple referendum on watergate and republicans might have lost in a landslide.
grantcart
(53,061 posts)And I am guessing that undated pardons have already been prepared.
The real question is "Can the President pardon himself?"
jberryhill
(62,444 posts)grantcart
(53,061 posts)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.
http://www.slate.com/articles/news_and_politics/explainer/1998/12/can_president_clinton_pardon_himself.html
Foamfollower
(1,097 posts)jberryhill
(62,444 posts)Blanket pardons were made by Gerald Ford for all of the Vietnam draft resisters.
As far as being compelled to testify:
https://en.wikipedia.org/wiki/Burdick_v._United_States
In other words, if you accept the pardon, then you can be compelled to testify, and must do so truthfully.
Burdick maintained his refusal to testify by rejecting a pardon from Woodrow Wilson.
Brother Buzz
(36,440 posts)Gerald Ford offered conditional amnesty to some draft dodgers. Carter, however, seeking to heal the war's physic wounds, set no conditions, although some individuals were excluded from the blanket pardon.
Voltaire2
(13,053 posts)jberryhill
(62,444 posts)In either event, if one is pardoned prior to being charged with a crime (for which one has a pardon), you just hand them this:
Kablooie
(18,634 posts)unblock
(52,243 posts)it would be delicious if they "got away with" all kinds of federal lawbreaking due to an abuse of the pardon power only to get tripped up by some state law.
rainbow4321
(9,974 posts)Hopefully there is some kind of connection and there are State charges..not a damn thing Trump can do about that.
Remember, the Russian lawyer who he met with was here in the US to be part of the defense team for Prevezon.
unblock
(52,243 posts)i'll take whatever we can get against these criminals, but i would hope for some crime relating to the campaign and/or abuses in office.
campaigns are subject to state law so this is certainly possible; abuses in office is mostly federal law so this is less likely.
Louis1895
(768 posts)Of course...
"Then-U.S. attorney and Sheriff of Wall Street Preet Bharara led the charge against Prevezon..." and we all know what happened to him.
Xolodno
(6,395 posts)Ford pardoned Nixon (as part of a deal).
Both Bush's for some of their staff.
Carter pardoned all the draft dodgers of the Vietnam War that fled the country.
None of them went to trial.
I suspect we may be seeing that again soon. But when it happens, it means Trump is already writing is resignation speech.
Louis1895
(768 posts)...for the same reasons Ford pardoned Nixon.
"There were no historical or legal precedents to guide Ford in the matter of Nixons pending indictment, but after much thought, he decided to give Nixon a full pardon for all offenses against the United States in order to put the tragic and disruptive scandal behind all concerned. Ford justified this decision by claiming that a long, drawn-out trial would only have further polarized the public."
http://www.history.com/this-day-in-history/ford-explains-his-pardon-of-nixon-to-congress
Eugene
(61,899 posts)former9thward
(32,017 posts)Rich was a federal fugitive at the time in Switzerland. He had been indicted but never tried.
Kablooie
(18,634 posts)And continue on his merry way.
There would be outrage on the left but the right would dismiss it as nonsense and everything will continue as before with the scandal behind us and no consequences for anyone involved.
I don't have faith that the outrage would take out enough Republicans to make a huge difference because of the humongous right wing propaganda machine that envelops much of the country.
How wonderful.