Pardon Power

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Archer
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Pardon Power

Postby Archer » Wed Jan 18, 2017 1:35 pm

According to this Obama can not pardon state convicts:

The power to pardon is one of the least limited powers granted to the President in the Constitution. The only limits mentioned in the Constitution are that pardons are limited to offenses against the United States (i.e., not civil or state cases), and that they cannot affect an impeachment process. A reprieve is the commutation or lessening of a sentence already imposed; it does not affect the legal guilt of a person. A pardon, however, completely wipes out the legal effects of a conviction. A pardon can be issued from the time an offense is committed, and can even be issued after the full sentence has been served. It cannot, however, be granted before an offense has been committed, which would give the President the power to waive the laws.

http://www.heritage.org/constitution/#! ... rdon-power

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Re: Pardon Power

Postby Archer » Wed Jan 18, 2017 1:37 pm

Section 2.

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

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Re: Pardon Power

Postby Archer » Wed Jan 18, 2017 3:57 pm

@Peter1469 because the federal government can throw charges on top of state charges and it is not considered double jeopardy, can a state prosecute a person who was pardoned in state court if state charges were not pursued at the time in lieu of federal charges?

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Re: Pardon Power

Postby Peter1469 » Wed Jan 18, 2017 10:27 pm

Archer wrote:@Peter1469 because the federal government can throw charges on top of state charges and it is not considered double jeopardy, can a state prosecute a person who was pardoned in state court if state charges were not pursued at the time in lieu of federal charges?


I suppose it depends on how the pardon is written. If it only mentions the crimes charged then had the prosecutor held back some charges, then those would still be alive. But if the pardon was broadly written, then no. Also check specific state law about charging. In the military you can't hold back certain charges. If you don't bring some of the known potential charges you lose them later. Some states may have that same rule.


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