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Dumb Question: Can A Pardon Be Revoked/Overturned Under ANY Circumstances?

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Dinger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-07-07 11:19 PM
Original message
Dumb Question: Can A Pardon Be Revoked/Overturned Under ANY Circumstances?
Edited on Wed Mar-07-07 11:20 PM by Dinger
Sorry, I'm not an expert on the Constitution. I'm guessing the answer is no. If it's yes, wouldn't a future President have to do it?
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-07-07 11:22 PM
Response to Original message
1. no.
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Fridays Child Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-07-07 11:22 PM
Response to Original message
2. I'm pretty sure that a pardon cannot be rescinded.
Somebody correct me, if I'm mistaken.
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MonkeyFunk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-07-07 11:32 PM
Response to Original message
3. Nope
there's no way to "undo" a pardon.
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mcscajun Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-07-07 11:40 PM
Response to Original message
4. No. A pardon is extra-judicial, and forever.
So let's hope it doesn't happen.
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HooptieWagon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-08-07 12:06 AM
Response to Original message
5. I suspect it depends
Edited on Thu Mar-08-07 12:08 AM by HooptieWagon
On if a blanket pardon is issued (absolving of any and all crimes committed), or if a pardon is issued for a specific crime, in which case alternate charges could be brought. In any case, I don't see why a pardoned criminal couldn't be extradicted to the Hague, say for war crimes charges.

edit: spelling correction
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DeepBlueC Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-08-07 12:53 AM
Response to Reply #5
6. that's more like immunity
and a president has no part in granting immunity. A pardon requires first a conviction.
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ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-08-07 01:03 AM
Response to Reply #6
7. That has not been legally tested yet
In recent years, there have been a number of "Pre-emptive" pardons (Nixon being the most famous). It is a very questionable practice.

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Madspirit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-08-07 01:05 AM
Response to Original message
8. No
http://jurist.law.pitt.edu/pardons0a.htm

Can a Presidential pardon be reversed?

No. Under Article II, Section 2 of the Constitution there are no grounds for reversal provided, and no authority identified that could accomplish a legal reversal (although Congress might theoretically pass a resolution condemning a Presidential clemency order, as was done for the first time in the wake of President Clinton's 1999 commutation of the sentences of 16 FALN Puerto Rican nationalists). Early in the 2001 pardons controversy, certain lawyers in the Bush administration suggested that, under a line of 19th century cases, signed pardons, like warrants, might require delivery to be valid, but this argument was not officially pursued in the wake of President George W. Bush's subsequent statement that he would allow President Clinton's pardons to stand.


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ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-08-07 01:21 AM
Response to Original message
9. Grant recinded some of Johnson's Pardons (maybe)
There was an argument made that Bush could recind Clinton'spardons. The claim cited Ulysses Grant recinding pardons given by Johnson, but I do not know the specifics. Some of the right wing boards were all excited about it during the Clinton/Bush transition. I can't say, without seeing the actual documentation, that I would trust the sources.

I think the idea that pardons could be recinded by a future President would have terrified the Bush Administration, so it was probably never seriously considered.
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Hekate Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-08-07 02:50 AM
Response to Original message
10. New charges could be brought, ones not covered by the pardon
:think: There's always that hope.

Hekate

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