General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAre Presidential pardons automatically public record / knowledge?
Could Trump have pardoned Jr behind closed doors? Or pardoned him preemptively, without that information being made public?
Im just curious about the process.
AncientGeezer
(2,146 posts)spin
(17,493 posts)
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 Presidents 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 Presidents 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
CDerekGo
(507 posts)Always understood that Pardons were only forthcoming AFTER someone was found guilty, never before
Nevilledog
(51,029 posts)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/
Response to CDerekGo (Reply #3)
tritsofme This message was self-deleted by its author.
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(52,126 posts)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.