General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSimple question for our lawyers here, when tRUMP loses in Nov.
Can he blanket pardon Burr, or pence, mcturtle, or ANY other assholes that need to go to jail? I will be extremely UPSET if this happens!!
PoliticAverse
(26,366 posts)bluestarone
(16,972 posts)A hell of a lot of things they could be charged with?
DavidDvorkin
(19,479 posts)Brainfodder
(6,423 posts)..or has that changed, too?
former9thward
(32,019 posts)And nothing has ever changed. A person can be pardoned without a conviction. Ford pardoned Nixon without any charges. Clinton pardoned Marc Rich, who was a fugitive and hiding in Switzerland, and had never faced trial. So yes, that can be done and the person being pardoned does not have to admit anything.
Posters have posted about "state charges" for years now but there is no evidence anyone is seriously being investigated for state criminal charges.
elleng
(130,964 posts)I was afraid of that! NOT on state charges tho right?
elleng
(130,964 posts)The Velveteen Ocelot
(115,732 posts)There are a lot of crimes arising under state laws that are similar to federal crimes, and presidents can't pardon those. Also, when you accept a pardon you are admitting to the crime and your Fifth Amendment rights regarding that crime are lost.
bluestarone
(16,972 posts)With the state charges? (if possible)
The Velveteen Ocelot
(115,732 posts)unblock
(52,252 posts)The "admitting the crime by accepting the pardon" part appeared in burdick v u.s., but is likely dicta as it wasn't necessary for the decision and it didn't consider obvious exceptions such as a pardon of someone later found to be innocent (dna evidence, e.g.) or an unjust law, etc., judicial misconduct, etc.
However, yes, if you accept the pardon, you're no longer subject to prosecution for the specific crimes pardoned, so you might be able to be compelled to testify. However, only if there are no other laws under which you might still be liable.
For instance, with a federal pardon, you still could be at risk under state law, so you might still be able to avoid testifying against yourself.
The Velveteen Ocelot
(115,732 posts)State tax evasion, for example, could be a whole different can of worms from federal tax evasion.
Demsrule86
(68,586 posts)this anyway...Let the new installed justice department handle this...our elected need to pass progressive policies that will send help to a desperate people.
snowybirdie
(5,229 posts)Remember all the heat Clinton took when he issued several controversial pardons the morning of Bush 43 inauguration?
exboyfil
(17,863 posts)figures including SecDef Weinberger.
not_the_one
(2,227 posts)Doesn't there have to be a guilty verdict to BE pardoned?
Don't try to touch another one of the guilty pieces of shit until January 21st, then turn them over to NEW Attorney General Kamala Harris, with the guidance of "THROW THE BOOK AT THEM".
Just saying "this person can never be accused or prosecuted for any possible crime" doesn't seem legal. Of course, legality has never stopped them yet...
bluestarone
(16,972 posts)The asshole CAN pre-pardon all federal charges, i'm sure! BUT like mentioned above if they accept pardon they plead guilty!
The Velveteen Ocelot
(115,732 posts)Accepting a pardon is effectively admitting the crime because you can be required to testify about what you did since you no longer have 5th Amendment protection, but it's not technically a guilty plea.
bluestarone
(16,972 posts)Tanuki
(14,918 posts)The Velveteen Ocelot
(115,732 posts)Nixon was never charged, let alone convicted.
PoliticAverse
(26,366 posts)niyad
(113,336 posts)after he loses.
The Velveteen Ocelot
(115,732 posts)On January 20 at noon he will be a private citizen, and if he doesn't leave then he will be trespassing on government property and can be removed, just like any other private citizen.
niyad
(113,336 posts)bluestarone
(16,972 posts)He WILL be removed! BUT will the civil rule of law be broken? THIS i don't know! W ill be interesting for sure!
Cicada
(4,533 posts)dawg
(10,624 posts)I know Presidential pardons have been used in a benevolent way in the past, but any possible good is overwhelmingly outweighed by the potential for abuse and the very real ability of a President and his goons to act above the law.
The Presidential Pardon needs to be confined to the dustbin of history, just like we did with unlimited Presidential Terms and election of Senators by state legislatures.
bluestarone
(16,972 posts)Maybe someone here could explain when the pardon actually started, AND maybe why it could be something we need?
Jake Stern
(3,145 posts)along with the President and AG.
dawg
(10,624 posts)If new evidence arises in a case that might be exculpatory, there should be a mechanism for evaluating whether to void the conviction, but otherwise, let lawful convictions stand.
Doodley
(9,093 posts)Remember, Hillary Clinton's approval was 65% before Republicans and Trump set out to redefine her.
PuppyBismark
(594 posts)No question, he will pardon everyone. Then resign one or two days before the end of his term in January. Pence will become president for a day and will then pardon tRump. So we will not have an opportunity to get tRump at the federal level, but I hope New York and other states will go after him.
I would hope New York will have the indictment ready and will grab him as he leaves the White House, otherwise I suspect he will flee the country.
Gothmog
(145,303 posts)trump will need Pence if he wants to get an enforceable pardon
bluestarone
(16,972 posts)Can pardon HIMSELF too? (That possible?)
Jake Stern
(3,145 posts)1. His ego wouldn't let him resign. That's showing weakness in his eyes.
2. He's packed the court, especially SCOTUS with sychophants so he can get any action stalled pretty much indefinitely.
3. Let's be brutally honest for a second. The Dems don't exactly have a proven track record of prosecuting people from past administrations for malfeasance, instead preferring to "look forward" as Obama put it. Otherwise Shrub, Darth Cheney and a gaggle of others would probably be in prison. So if history holds, he doesn't really have much to worry about there.
Kablooie
(18,634 posts)That's the only criteria Trump uses.
He doesn't care about future policies, the direction of the country, repaying debts or rewarding slavish devotion to his person.
Even securing their support for the future isn't a consideration.
The only consideration is if pardoning someone would immediately benefit him in some obvious way.
In most cases it wouldn't so I don't expect a lot of pardons once he embarks on his last 2 1/2 month vendetta to destroy the United States for voting him out of office.
Jake Stern
(3,145 posts)Essentially putting the people we want in prison most out of reach.