Anonymous ID: f66c57 Nov. 12, 2018, 4:30 p.m. No.3875057   🗄️.is 🔗kun   >>5280 >>5307 >>5390 >>5472 >>5607

lawfag comment on notable LB

 

>>3873039 Will 'enemy combatant' status override BHO admin's blanket pardons?

 

There are things that a pardon cannot cover. The first 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 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.

 

the only way to change the pardon power is by constitutional amendment

 

HOWEVER - remember that pardons only apply to federal crimes

it is possible that ther could be a workaround in theplan

from the DOJ

 

Does the President have authority to grant clemency for a state conviction?

No. The President’s clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: “The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Thus, the President’s authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States. A person who wishes to seek a pardon or a commutation of sentence for a state offense should contact the authorities of the state in which the conviction occurred. Such state authorities are typically the Governor or a state board of pardons and/or paroles, if the state government has created such a board.

 

https://www.justice.gov/pardon/frequently-asked-questions