Can Pardons Be Rescinded By the Incoming President??

[CO Liberal]

Say Bush loses and grants pardons to everyone and his brother. Can Kerry rescind those pardons???

Anyone know??

:shrug:

[gratuitous]

1. Nope

The power to pardon is vested in the executive absolutely, and can't be reviewed or rescinded. Otherwise, Cap Weinberger, Eliot Abrams and a few other folks from Poppy's administration would probably still be guests of the Gray Bar Hotel.

[AgentLadyBug]

2. nope

... even if he could, he wouldn't want to, unless he wanted to get rid of the entire presidential pardon power, which i believe is constitutionally vested in the national and state executives....

we'll prolly just have to let them go.... it's more-or-less ok tho - the entire country will know of their evil, somewhat like Ollie North and Weinberger, only worse.... <crosses fingers>

[Hornito]

4. Let them go? I don't think so, especially if it's proved that this

bunch MIHOP (9/11). If that was/is the case, they won't be safe anywhere, and the people will make short work of any so-called "pardons", preferably by putting them at the end of rope, or in front of a firing squad!

[AgentLadyBug]

9. vigilantes? what's a vigilante?

:)

[davsand]

3. Nope. It is a permanent pardon for the specified "crime".

They read something to the effect of:

""Now, therefore, I, (insert name here), President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Martha Stewart for all offenses against the United States which she, Martha Stewart, has committed or may have committed or taken part in during the period from September, 31, 2001 through March 9, 2004."

They are specific, and they can't be overturned by another President. Now, if Martha messes up after that time frame or BEFORE that time frame she CAN be tried for that. I'm not sure, but it was explained to me that trying her for the stuff she was pardoned for would be "double jeopardy."

BTW, this is just a made up one to illustrate the point... :) I'd never pardon Martha in RL!

Laura

[ramblin_dave]

5. Just declare them 'enemy combatants' and send them to Gitmo

Wouldn't that be "legal"?

[never cry wolf]

6. Can't they only be pardoned if convicted or indited?

If we don't start proceedings and intidments until after shrubbie is out of office he can't pardon them for something they havn't been charged with yet, can he?

[ieoeja]

7. Nixon was pardoned before indictments.

And Poppy Bush pardoned everyone in his and Reagan's cabinets. While the majority of their cabinets HAD been indicted, it was certainly not all of them.

[Padraig18]

8. No.

The power is absolute, as regards any federal crime.

[troublemaker]

10. No, nor should they be

Rescinding a pardon would be a de facto cinviction by presidential fiat. Some bad results must be allowed to stand. That's the price of (and precondition for) an objective legal system.