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Sat Mar 23, 2019, 02:25 PM

Are Presidential pardons automatically public record / knowledge?

Could Trump have pardoned Jr behind closed doors? Or pardoned him preemptively, without that information being made public?

I’m just curious about the process.

6 replies, 342 views

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Reply Are Presidential pardons automatically public record / knowledge? (Original post)
PTWB Mar 2019 OP
AncientGeezer Mar 2019 #1
spin Mar 2019 #2
CDerekGo Mar 2019 #3
Nevilledog Mar 2019 #4
tritsofme Mar 2019 #5
unblock Mar 2019 #6

Response to PTWB (Original post)

Sat Mar 23, 2019, 02:52 PM

1. No.

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Response to PTWB (Original post)

Sat Mar 23, 2019, 02:53 PM

2. Interesting question. ...



CRS Reports & Analysis Legal Sidebar
Presidential Pardons: Frequently Asked Questions (FAQs)

08/28/2017

***snip***

Can the president issue “secret” pardons”?

Another question occasionally raised is whether the President can issue pardons without informing the public. In a certain sense, the President appears to have the authority to issue a pardon that is not officially made public, i.e., a “secret” pardon. As historically understood, the only requirements for a valid pardon are that (1) the President grant it and (2) the recipient accept it. Under DOJ regulations, the Office of Pardon Attorney must mail warrants of pardon to their recipients to notify them of the grant of clemency, although it is unclear whether this rule would necessarily inform a President’s practice in situations where the Office of Pardon Attorney has not taken part in consideration of the pardon request. In any event, these regulations are advisory and cannot be interpreted in a way that would impinge on the President’s Article II authority. So while the President might issue a “secret” pardon, the recipient would ultimately have to produce the pardon in order to reap its benefits.
https://fas.org/sgp/crs/misc/pardons.pdf

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Response to PTWB (Original post)

Sat Mar 23, 2019, 03:16 PM

3. Tell me if I'm wrong

Always understood that Pardons were only forthcoming AFTER someone was found guilty, never before

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Response to CDerekGo (Reply #3)

Sat Mar 23, 2019, 03:25 PM

4. Nope. Don't even have to be charged with a crime.

Pre-emptive pardons. Can also issue a pardon that gives pretty much blanket protection, i.e 1 pardon for all federal crimes.




In Ex Parte Garland, an 1866 case involving a former Confederate Senator who was disbarred from the practice of law, the U.S. Supreme Court ruled that his pardon from President Andrew Johnson restored his civil rights — even though he had never been charged with a crime.

The pardon power, the court said, "extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment."

Most famously, Ford pardoned Nixon for any crimes that Nixon "has committed or may have committed or taken part in" during his presidency.

https://www.usatoday.com/story/news/politics/2018/06/04/presidential-pardons-explanation-executive-clemency-powers/660381002/

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Response to CDerekGo (Reply #3)


Response to CDerekGo (Reply #3)

Sat Mar 23, 2019, 03:38 PM

6. A pardon can be granted at any point after the alleged crime has been committed, but

it technically carries no legal weight until the recipient presents the pardon in court.

In practice, though, if I have a pardon in hand, usually all I would have to do is show it to a prosecutor and they would drop the case if it was covered by the pardon.

In rare cases, though, a prosecutor might force the issue, usually because once I present my pardon in court, I lose my 5th amendment rights against self-incriminating testimony, at least as relates to the pardoned charges.

So it might happen in order to compel testimony.

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