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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: M. Murray who wrote (347854)8/31/2017 9:19:20 PM
From: cosmicforce  Respond to of 540782
 
How would a President pardon someone who is actively engaged in criminal activity? Here's a scenario - Person A murders person B- the SCROTUS pardons them - they do it again to person C, D, E, etc. He can't make murder legal so he'd have to pardon them after each felony count serially but only after they did it. But unless the murder is in Washington DC, or involves interstate aspects, it is usually tried at the state level.

There are some US Code rules for pardons that are followed (normally) by the DOJ. This is why many thought that Ford's pardon of Nixon was not in compliance. First, by accepting the pardon, Nixon admitted guilt. But, he'd never shown contrition and it is normally expected that the applicant serve a significant time (5 years and/or had show specific good behavior). Further, and from my reading this is where Ford "jumped the shark", he was making it for crimes Nixon may or may not have committed. What will get t.Rump is that he is likely orbiting (continuously) an in-progress and on-going criminal enterprise. That is hard to pardon because the illegality is ongoing and RICO could only fail if he fired every DOJ that looked at it. As I said before, this came down to, more likely than not, whether he won or not, if he'd create a Constitutional crisis and he seems to be heading that way.

nytimes.com
The Justice Department’s Office of the Pardon Attorney, which ordinarily makes pardon recommendations, has an elaborate and lengthy process for considering pardon applications. It generally requires a five-year waiting period, the office’s application instructions say, “to afford the petitioner a reasonable period of time in which to demonstrate an ability to lead a responsible, productive and law-abiding life.”

The department, moreover, usually recommends pardons only after an expression of remorse.

“A presidential pardon is ordinarily a sign of forgiveness,” the instructions say. “A pardon is not a sign of vindication and does not connote or establish innocence. For that reason, when considering the merits of a pardon petition, pardon officials take into account the petitioner’s acceptance of responsibility, remorse and atonement for the offense.”