Questions tagged [pardon]
A government act to nullify a criminal charge or conviction of a person.
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If Trump pardons himself regarding the federal crime he tried to hide by cooking the books, is the New York conviction void?
[Note that Jen in their answer corrects quite a few of the premises of my question; read it. I let the question otherwise stand as-is.]
Falsifying business records in New York is only a felony if it ...
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Why President's power to grant pardon to punishment or sentence are dealt separately in drafted language of article 72 of Constitution of India?
Constitution of India
Article 72 : [Title: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases]
Sub Article (1) : The President shall have the power ...
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Can the President counter Mayorkas' impeachment with a pardon?
For as long as I can remember impeachment was something you did to a president. Mayorkas' impeachment came as a surprise. Assuming President Biden was so inclined, could he pardon Mayorkas? Would that ...
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Indiana governor's pardon powers
Can the governor of Indiana issue preemptive pardons like the POTUS can?
If so,
what is the source of law that expressly confirms this, or at least leaves little doubt that this is within the ...
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What allows the Connecticut legislature to exonerate previous witch convictions?
A number of news services have report on the Connecticut legislature voting to "exonerate" witch convictions from the 17th century. For example, this article from wtnh.com news:
With ...
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Does the Singaporean constitution allow pardons to be revoked?
The Singaporean government allows for the power of pardon to the president but it doesn't include how the pardoning power is to be excercised and if the pardon can be revoked or not.
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What is the purpose of pardoning powers?
Various countries have pardoning powers given to either the president or the governor, this is secured as a constitutional right of the president and governor.
What is the purpose of such powers? Is ...
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Execution via pardon
Let’s say in this hypothetical scenario the president of the United States tweets something like “don’t be surprised if I pardon anyone that puts to death repeat heroin and fentanyl dealers dealing in ...
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If a pardon is specifically referencing a crime a person has been convicted of, can an individual sue him for a different crime?
Pardons, except for amnesties, are typically given after a person has
been convicted of a crime, and they specifically reference that crime.
In this respect, President Trump’s pardons of Scooter Libby,...
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Who can overrule a court's finding of contempt?
A judge has authority and broad discretion to incarcerate people for contempt-of-court.
Who, besides the judge who holds a person in contempt, has authority to overturn a finding of contempt or an ...
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Can a US president secretly pardon themselves?
I've seen quite a few widely-circulated tweets saying that Trump doesn't have to announce pardons, and we might not find out he's pardoned himself (or family members) until/unless they are indicted. (...
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Do US presidential pardons include the cancellation of financial punishments?
https://www.cnbc.com/2021/01/20/anthony-levandowski-pardoned-after-stealing-trade-secrets-from-google.html says:
Anthony Levandowski pardoned after stealing trade secrets from Google
In August, ...
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How do conditional pardons at the end of a president's term work?
Looking at the list of Trump's final pardons, I notice that two of the pardons are conditional. My question is, what happens if the conditions for a conditional pardon either aren't met until during ...
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Would a possible pardon of the US Capitol rioters stand if President Trump is convicted
At the time of asking this question, President Trump has been impeached by the US House, but no trial date set by the US Senate. However, if Trump were to grant blanket pardons to all those who ...
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Could a US president be advance pardoned from the result of a senate trial following impeachment?
Non-American here, trying to puzzle things out.
If I understand correctly, a US president can grant pardons, but only for federal crimes.
If I understand correctly, impeachment is a political act, and ...
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Is a presidential self pardon more likely to be valid if issued to a group instead of the president as an individual [closed]
My understanding is, the presidential pardon power is based on this passage of the US constitution:
The President ... shall have Power to grant Reprieves and Pardons for
Offenses against the United ...
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Federal Pardon before being charged? [duplicate]
Is it possible to receive a presidential pardon before being charged (a "blanket" pardon or "pass")?
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Does Trump's pardon of the Blackwater mercenaries violate international law?
President Trump recently pardoned Nicholas Slatten, Paul Slough, Evan Liberty and Dustin Heard, four Blackwater mercenaries convicted in 2014 of killing civilians in Iraq back in 2007.
The United ...
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Would the acceptance of Susan B. Anthony's pardon validate the criminal proceedings she underwent due to voting?
Background
On August 18th, 2020, President Donald Trump pardoned Susan B. Anthony for voting illegally in an election on February of 1873:
Today, President Donald J. Trump issued an Executive Grant ...
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Is a pardon ("Begnadigung") under German law possible before a final court sentence?
I just read that under US law, the US president may pardon a person even before they have been sentenced, and even before they have been accused (see e.g. Ex Parte Garland, 1866). .
I was curious ...
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What happens if two people claim the same (personalized) pardon?
What would happen if the identity of an individual named in a presidential pardon could not be ascertained with certainty, but several people have a strong claim to being the named individual?
For ...
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Can a person who has been pardoned still be held liable for the same offense in a civil court?
This answer indicates that accepting, for example, a presidential pardon, is considered an admission of guilt.
If a person were to accept such a pardon, can they then still be held liable in a civil ...
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Can the President of the United States pardon proactively?
President Trump's administration has just formally started the transition process. He is now officially a lame-duck President. It is common for outgoing Presidents to grant pardons in this last phase ...
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Can a pardon be issued clandestinely?
Say there exists some individual who is in danger of prosecution for federal crimes, though it's not yet certain what the exact charges will be, nor even whether the indictment will be made at all. ...
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If elected, could Jo Jorgensen practically/theoretically pardon everybody convicted of victimless crime?
Jo Jorgensen, the Libertarian Party candidate for US president in 2020, has said that if elected, she would pardon anyone convicted of a victimless crime.
Ignoring the fact that Congress would impeach ...
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If the President's power to grant pardons is absolute, could he face any consequences?
Does the Presidential power to pardon include the power to avoid any consequences?
Consider this hypothetical situation:
An extremely rich individual (a US citizen) gets involved in a sordid love ...
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Can a U.S. President undo an act of clemency or a pardon of his predecessor?
Can the next U.S. President undo the current President's pardons?
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Presidential pardon: What does "except in Cases of Impeachment" mean?
Article II, Section 2, of the United States Constitution establishes the presidential pardon power as follows.
The President shall ... have Power to Grant Reprieves and Pardons for Offences against ...
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In the US has anyone ever been prosecuted on the state/federal level after being pardoned on the other level?
As I understand it, assuming that an individual's actions violated both state and federal laws, there is nothing legally preventing a state for prosecuting an individual for the crime after the ...
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President promising to pardon people who will commit crimes in the future, at his incitement
It has been reported that "trump has promised to pardon people who commit crimes".
If this were true, would it be illegal? For instance, is it incitement to commit crime?
If a sitting president ...
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Can the President of the US pardon everyone?
Can the President of the United States pardon everyone? For example, let's say a criminal organisation is committing crimes, after awhile they get raided by the police, everyone gets arrested and ...
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If a law abolishes a crime, can the law pardon people previously convicted of that crime?
For example, could a law that legalizes a drug retroactively free people previously convicted on charges for that drug so long as they didn't break any other laws? I know laws can't retroactively ...
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Does accepting a pardon have any bearing on trying that person for the same crime in a sovereign jurisdiction?
In the United States, accepting a pardon is an admission to the crime. In Burdick_v._United_States, the majority opinion stated that a pardon "carries an imputation of guilt; acceptance a confession ...
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What is the effect of a pardon by the President of the United States?
An answer to a recent question stated:
In modern, peacetime U.S. practice, the main use of the pardon power has been to restore the civil rights of people who admit to having committed crimes and ...
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How are presidential pardons supposed to be used?
When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? Can it be used to pardon any crime?
On the surface, it seems to make the ...
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Can a U.S. President pardon an accessory to murder if the murder occurred in a foreign country?
If a U.S. citizen conspires to have another U.S. citizen murdered but the actual killing takes place in a foreign country, can the accessory to the murder be pardoned by the President?
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Can a USA governor pardon a felon who was convicted in another state?
Bill was convicted and imprisoned in a state (East Sconsin). He then moves to West Sconsin and wants to join the police. Felons are not allowed to serve as policemen.
Can the governor of West Sconsin ...
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Overturning a presidential pardon and double jeopardy
President Trump pardoned Joe Arpaio of any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged. This question asks about overruling a pardon and it seems ...
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Can Congress issue a legislative pardon?
Suppose that the President did not want to pardon someone, but Congress passed a private bill excusing a person from a violation of a law.
Suppose this bill became law (either through inaction of the ...
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Can a Presidential pardon nullify a search warrant?
Where the US government has seized private property pursuant to a search warrant in a criminal investigation, what would happen to that property if the President were to pardon the suspect(s) under ...
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Can President of the United States pardon himself if convicted of treason or some other wrong doing?
I wanted to know whether the POTUS could pardon himself if he/she is criminally charged with treason or some other wrong doing.
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Can the POTUS really pardon via tweet? If so, what would one actually look like?
Is it true that the POTUS can make an official pardon at any time via a mere tweet? If so what would the tweet need to have/not-have to qualify as a legally legitimate pardon?
For example, if the ...
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After being pardoned, can one be forced to testify in civil and criminal cases?
After being pardoned, can one be forced to testify in civil and criminal cases with no protection against self-incrimination?
My example is how Trump has pardoned former Arizona sheriff Joe Arpaio; ...
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Do (any) US State Governors have legal authority to preemptively pardon persons of a state crime?
As I understand it, the President of the United States is empowered to pardon a person prior to being charged with a federal crime. I further understand that State Governors have the power (under ...
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Can the President issue an implicit blanket pardon for specific offenses?
Yesterday, President Trump made a speech applauded by law enforcement encouraging their rough treatment of suspects, specifically including a removal of protection from physical injury when a suspect ...
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Can use of a pre-emptive pardon also be illegal obstruction of justice?
It seems well established that the President does indeed have the right to preemptively pardon people for crimes they have not yet been convicted of, so that is not my question.
Right now there are ...
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Is there something legally stronger than a pardon that does not constitute an admission of guilt?
According to the Wikipedia page on pardons:
In some jurisdictions, accepting such a pardon implicitly constitutes an admission of guilt (see Burdick v. United States in the United States), so in ...
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Does anyone besides the president have the authority to pardon?
There have been cases such as Antonio Bascaró, who has been in prison for 37 years because of non-violent marijuana charges. President Obama has had the opportunity to pardon him, but it was denied ...
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Does the President's Pardon authority extend to crimes not committed at the time of the pardon?
Does the U.S. Constitutional power of the President to pardon extend to crimes not yet committed?
I know Ford gave Nixon a blanket pardon, but he did so for acts that (might have) been committed in ...
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Can Clinton be pardoned without being charged or convicted?
Is it possible for someone to be pardoned if they haven't been convicted or even charged with a crime?
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