this post was submitted on 05 Dec 2024
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chapotraphouse

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[–] [email protected] 19 points 3 weeks ago (2 children)

Can someone be pardoned for a crime they haven't committed yet?

[–] [email protected] 18 points 3 weeks ago (3 children)

I did ~10 seconds of googling...

Yes, a president can pardon someone for crimes they haven’t actually been charged with

The Constitution gives the president the power to pardon someone before they are indicted, convicted or sentenced for a federal offense against the United States.

I was going to read the article but the title and sub-header explained things so well - it killed my desire. If you read it - please share anything worth sharing.

[–] [email protected] 13 points 3 weeks ago (2 children)

Biden not pre-emptively pardoning anyone who tries to kill Trump shows that he's just not serious.

[–] [email protected] 2 points 1 week ago

He could even just announce he'd pardon for that. But it seems quite obvious that the Dems don't really intend on obstructing Trump, Biden even said he'll attend the Trump inauguration.

[–] [email protected] 6 points 3 weeks ago (1 children)

Ex Parte Garland established that a pardon "may be exercised at any time after [the offense's] commission, either before legal proceedings are taken or during their pendency or after conviction and judgment."

I would take that to mean future crimes aren't pardonable, unfortunately

[–] [email protected] 1 points 1 week ago

Huh, very interesting.

[–] [email protected] 2 points 1 week ago

RION covered the big thing, but another detail that might be worth sharing is that broad pardons like the one Hunter got are quite rare, with Nixon really being the most recent example. More permissive than any other pardon Biden's given, and likely will give.

[–] [email protected] 12 points 3 weeks ago

Nixon was never charged, or even impeached. But Ford gave him a pardon for everything he could've done as president.