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If A Person Bought A Presidential Pardon From Rudy (Tr**p)...... (Original Post) global1 May 2023 OP
The pardon probably wouldn't be rescinded because under the Constitution Ocelot II May 2023 #1
yesterday Glenn Kirschner said that the pardons could be rescinded lapfog_1 May 2023 #3
It's never happened, so it would have to be litigated - but who would have standing Ocelot II May 2023 #5
he is the lawyer, not me lapfog_1 May 2023 #8
It doesn't work that way. DoJ can't prosecute unless there's an actual crime. Ocelot II May 2023 #17
I browsed Trump's 90 pardons GenXer47 May 2023 #20
DOJ would have standing wouldn't they? KPN May 2023 #19
How? Bribery is a crime, but the question is whether a pardon obtained by bribery is void. Ocelot II May 2023 #21
I agree with your analysls LetMyPeopleVote May 2023 #22
pardon power is "absolute." rampartc May 2023 #2
Even If It Is Confirmed That Rudy/Tr**p Sold It And A Person Paid And Bought It?..... global1 May 2023 #7
seems unamerican, don't it? rampartc May 2023 #11
The pardoned person could be prosecuted for bribery, Ocelot II May 2023 #12
Blagojevich comes to mind. . Emile May 2023 #4
But Blagojevich never actually consummated the bribe - Ocelot II May 2023 #9
That thought of him popped into my head right away Walleye May 2023 #13
His Sentence Was Commuted - He Was Granted Clemency - Is That The Same..... global1 May 2023 #14
Same. He went to jail for just floating the idea Freethinker65 May 2023 #23
For reference, here's a list of all pardons Leghorn21 May 2023 #6
there is the rumor of the "pocket pardons" lapfog_1 May 2023 #10
there is also the theory that trump "pardoned homself." rampartc May 2023 #15
Just by thinking it.. TheRealNorth May 2023 #24
of course not. rampartc May 2023 #25
Bribery is a federal crime Trenzalore May 2023 #16
"If this pardon fails to meet your expectations, Buns_of_Fire May 2023 #18

Ocelot II

(115,656 posts)
1. The pardon probably wouldn't be rescinded because under the Constitution
Wed May 17, 2023, 12:20 PM
May 2023

the pardon power is absolute. However, both the briber and the bribee could be prosecuted.

lapfog_1

(29,194 posts)
3. yesterday Glenn Kirschner said that the pardons could be rescinded
Wed May 17, 2023, 12:25 PM
May 2023

if it was proven that they were obtained by illegal means.

Ocelot II

(115,656 posts)
5. It's never happened, so it would have to be litigated - but who would have standing
Wed May 17, 2023, 12:28 PM
May 2023

to bring the case? How would it be challenged? Assume it was obtained by bribery, but once that crime has been prosecuted, then what? Would the pardon be treated like other ill-gotten gains? He might be right but I'd like to know what the process would be.

lapfog_1

(29,194 posts)
8. he is the lawyer, not me
Wed May 17, 2023, 12:30 PM
May 2023

but I would suppose that the DOJ or other prosecuting agency, robbed of their conviction in a court, would have standing and would be considered the injured party (representing all of us).

Ocelot II

(115,656 posts)
17. It doesn't work that way. DoJ can't prosecute unless there's an actual crime.
Wed May 17, 2023, 12:38 PM
May 2023

The actual crime is bribery, which it can prosecute; but being deprived of an opportunity to prosecute because of a pardon, regardless of the circumstances, doesn't give it standing to contest the pardon. If that were the case DoJ would be trying to get a lot of pardons rescinded of people who deserved prosecuting.

Do we know yet if anybody actually paid for a pardon?

 

GenXer47

(1,204 posts)
20. I browsed Trump's 90 pardons
Wed May 17, 2023, 12:46 PM
May 2023

and some were certainly odd. Some he clearly did to make a statement, or send a message. All were self-serving of course. But there were some weird white collar criminals that could have come up with $2 million, easy.

Ocelot II

(115,656 posts)
21. How? Bribery is a crime, but the question is whether a pardon obtained by bribery is void.
Wed May 17, 2023, 12:47 PM
May 2023

Since the pardon power is granted to the president by the Constitution it might not be voidable.

LetMyPeopleVote

(145,046 posts)
22. I agree with your analysls
Wed May 17, 2023, 12:49 PM
May 2023

I do not see who has standing to attack the pardon but the pardon recipient paid a bribe and can be prosecuted for this crime

rampartc

(5,398 posts)
2. pardon power is "absolute."
Wed May 17, 2023, 12:23 PM
May 2023

that will not change with this court (unless, of course, biden pardons someone trump don't like)

global1

(25,237 posts)
7. Even If It Is Confirmed That Rudy/Tr**p Sold It And A Person Paid And Bought It?.....
Wed May 17, 2023, 12:29 PM
May 2023

And they say 'Crime doesn't pay'!!!

rampartc

(5,398 posts)
11. seems unamerican, don't it?
Wed May 17, 2023, 12:34 PM
May 2023

selling pardons is bipartisan, and proving rudy accepted money does not mean trump "intended" to accept the pay off.

trump's worst pardons, of course, were his insurrection leaders bannon, flynn, and stone.

Ocelot II

(115,656 posts)
9. But Blagojevich never actually consummated the bribe -
Wed May 17, 2023, 12:33 PM
May 2023

he wanted to sell Obama's open Senate seat, but got caught before he ever did it (not sure if he had any actual offers, either). What would have happened if he did? A Senate seat isn't irrevocable like a pardon, so the person who paid the bribe and got the appointment might have been expelled from the Senate as well as prosecuted for bribery. Not quite the same situation.

global1

(25,237 posts)
14. His Sentence Was Commuted - He Was Granted Clemency - Is That The Same.....
Wed May 17, 2023, 12:37 PM
May 2023

as being pardoned? Did Blago get an official presidential pardon from Tr**p?

Freethinker65

(10,008 posts)
23. Same. He went to jail for just floating the idea
Wed May 17, 2023, 01:06 PM
May 2023

He openly asked why shouldn't he get something out of it, but didn't get the opportunity to cash in.

lapfog_1

(29,194 posts)
10. there is the rumor of the "pocket pardons"
Wed May 17, 2023, 12:34 PM
May 2023

which is left unknown until / unless the person is actually prosecuted for the crime for which the pardon was issued (the crime had to occur before the pardon was issued). These have been rumored to exist... but it baffles me how it would be hidden (unless also the pardon is "classified" by the President).

rampartc

(5,398 posts)
15. there is also the theory that trump "pardoned homself."
Wed May 17, 2023, 12:38 PM
May 2023

garland may not want to test the obvious lunacy of that idea before this current court.

rampartc

(5,398 posts)
25. of course not.
Wed May 17, 2023, 02:29 PM
May 2023

can you imagine the insanity of alito finding that some obscure letter from adams or madison proves that the founders "original intent" was to pardon themselves?

Buns_of_Fire

(17,173 posts)
18. "If this pardon fails to meet your expectations,
Wed May 17, 2023, 12:40 PM
May 2023

simply return the unused portion to TrumpCo and we will refund the unused portion of your money."

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