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Hilary

Mike

Well-known member
Nothing would be finer. But I had a question of whether Buckwheat could pardon her before a conviction.

Pardons can take place before or after a criminal proceeding. President Gerald Ford, for example, pardoned Richard Nixon before Nixon was ever charged with, let alone convicted, of any crime. Such pardons, however, are rare, and general procedures dictate that at least five years of a sentence should be served before a pardon is considered. In the Constitutional Convention of 1787, this issue was brought up and debated quickly, with no restriction on when a pardon might be granted, suggested by James Wilson as a way of obtaining the testimony of accomplices.

There are, however, things that a pardon cannot cover. The first and most obvious is impeachment, since it is specifically excepted in the Constitution. Civil liability cannot be excused — a harm against another can still be considered a harm even if there is no longer any criminal liability. Contempts of court cannot be pardoned, as they are offenses against the dignity of the court, and not necessarily offenses against the law. In the Constitutional Convention, a proposal to except treason was popular, but was defeated when the talk turned to granting the Senate only the power to pardon treason.

There are several reasons for a President to issue a pardon, and they come from all sides of the political world. The pardons of President William Clinton can illustrate some of the various reasons. Clinton pardoned his brother, Roger, for obvious familial reasons. He pardoned a pair of Hasidic Jews convicted of defrauding the government, restoring their civil rights but leaving monetary penalties intact. In a controversial move, he pardoned fugitive financier Marc Rich, after application for clemency, in part, from the state of Israel, which had benefited from Rich's philanthropic gestures. President Ford pardoned President Nixon of any wrong-doing in order to put a close to the Nixon era for good. President James Madison pardoned army deserters in an attempt to refill the military's ranks for the War of 1812. President Abraham Lincoln pardoned all Civil War deserters on the condition that they return to their units to fight. Carter pardoned the Vietnam War draft dodgers to help in the long healing process the nation endured after that war.

Finally, there is no review of pardons. This issue, too, was brought up in the Constitutional Convention, that pardons be granted with the consent of the Senate, but the measure was defeated on the vote of eight states to one. In modern days, there is an office in the Justice Department where pardons are sent, and a Pardons Attorney who reviews and recommends applications. The President may still receive pardons personally, and may grant them at any time. The President need not provide a reason for a pardon, and the courts and the Congress have no legal authority to approve, disapprove, reject, or accept a pardon. Currently, the only way to change the pardon power is by constitutional amendment, though history has shown that the scope of the power can be modified by the courts (as in the acceptance doctrine).
 
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