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Can the crime of espionage be pardoned? n/t

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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:10 PM
Original message
Can the crime of espionage be pardoned? n/t
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eallen Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:12 PM
Response to Original message
1. Any federal crime can be pardoned.
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JohnLocke Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:12 PM
Response to Original message
2. The president can pardon anyone for anything except himself (nt).
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:15 PM
Response to Reply #2
3. it's not clear he can't pardon himself.
never been attempted nor ruled upon. it sure smells wrong, and i would be surprised if the supreme court upheld it, but i'd be just as surprised if it were even attempted in the first place.
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Silverhair Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:18 PM
Response to Reply #3
5. You do that Nixon - Ford style. NT
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Jack Rabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:19 PM
Response to Reply #2
6. You're wrong, John. He can pardon himself.
Of course, not even Nixon was that uncouth. Bush, on the other hand, just might be.
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JohnLocke Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 09:42 PM
Response to Reply #6
11. Depends on your interperation of Article II, Section 2
The President shall...have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
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Jack Rabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:18 PM
Response to Original message
4. The president's power to pardon is far reaching
It extends to anything except impeachments.
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Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:23 PM
Response to Reply #4
7. Pardon me, but why was it allowed to get far reaching in the first place?
In a "more perfect union", allowing just one man to make pardons and allow supreme court justices a secure job until they day they die is dumb.
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Davis_X_Machina Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:32 PM
Response to Reply #7
8. Given the vast geographic distances...
...and huge differences between the colonies in an age before modern communications, there was bound to be a risk of great disparity in what passed for justice in various parts of the nation. Something winked at in New Hampshire could get you life in Georgia.

There had to be some <I>central</i> countervailing force to the judiciary that did the convict some good. Impeaching a justice has no retrospective force, but pardoning does.

So, between checks and balances, and the virtually unlimited pardon power of the British monarch -- some of whose features survive in the president -- the virtually unlimited pardon power of the executive isn't surprising.
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Davis_X_Machina Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:34 PM
Response to Reply #7
9. Supreme Court Judges serve for life...
...upon good behavior, same as any other Federal judges, and are impeachable, as are any other Federal judges.

Be careful what you wish for. If you term-limit federal appellate judges, you term-limit the sinners and the saints.
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Jack Rabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 01:38 PM
Response to Reply #7
10. The Founding Fathers saw it as part of the system of checks and balances
The chief executive appoints judges and grants pardons; the courts interpret the law; the Senate approves the appointment and the House can impeach the chief executive, his officers or federal judges, any of whom can then be removed by the Senate. The president cannot pardon impeachments.

Giving federal judges a lifetime appointment was to secure their independence; that keeps them safe from a tyrannical chief executive who just wants any given judge gone for no better reason than he disagrees with one decision or another.

By the way, I see nothing in the Constitution that says a sitting president cannot be indicted for a federal crime. It might be somewhat difficult to prosecute, however, since he can pardon himself. Two special prosecutors investigating presidential wrong doing in recent years preferred instead to refer the matter to the House of Representatives for impeachment.
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cantstandbush Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-02-05 10:29 PM
Response to Original message
12. Are you thinking what I'm thinking about Pollard to get poll number up?
Is that why you asked the question? Or maybe even the Cuban terrorist?
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