Tuesday, January 24, 2017

Why Didn't Obama Pardon Hillary?

*******

Why Obama Did Not Pardon Clinton, SR 1446
Published on Jan 23, 2017
Why didn’t President Obama pardon Hillary Clinton?
After his election – as President-elect – Donald Trump announced that he bore no ill will towards the Clintons and didn’t want to hurt them. This was a rather surprising statement after 18 months speaking at huge rallies around the nation where the crowd inevitably chanted “Lock her up.”
[insert: Lock Her Up chants]
But Trump knows that the Clintons represent a significant and malevolent force in politics both domestically and internationally. 
Complete text on our website now: http://www.billstill.com - Considered by informed insiders’ as the ultimate resource for surviving economic or financial collapse/crash and attaining the unvarnished truth about the latest US and world news, current events in Washington, and today’s United States political climate. Please Like, Comment & Share.
Good evening, I’m still reporting on
Why Obama Did Not Pardon Clinton
Bill Still is a former newspaper editor and publisher. He has written for USA Today, The Saturday Evening Post, the Los Angeles Times Syndicate, OMNI magazine, and has also produced the syndicated radio program, Health News. He has written 22 books and two documentary videos and is the host of his wildly popular daily YouTube Channel the “Still Report”, the quintessential report on the economy and Washington. 
Connect with Bill Still:
https://www.youtube.com/user/bstill3
https://plus.google.com/u/0/+BillStill
http://billstills.blogspot.in/
https://twitter.com/billstill
https://www.facebook.com/BillStillOff...
https://www.pinterest.com/billstills/
https://www.linkedin.com/in/billstill
http://billstills.tumblr.com/
https://billstills.wordpress.com/
https://www.diigo.com/profile/billstill
https://www.reddit.com/user/billstills/
http://www.stumbleupon.com/stumbler/b...

Consider becoming a cherished sponsor: https://www.patreon.com/user?u=3204630
https://youtu.be/CK0niRWpG44
*******
Sometime during the Bush Presidency, the following article appeared on Slate.com.
*******

Can you be pardoned for a crime before you're ever charged?



With six months to go before President Bush leaves office, the White House is receiving a flurry of pardon applications. The New York Times reported that "several members of the conservative legal community" are pushing for the White House to grant pre-emptive pardons for officials involved in counterterrorism programs. Wait—can a president really pardon someone who hasn't even been charged with a crime?

Yep. In 1866, the Supreme Court ruled in Ex parte Garland that the pardon power "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." (In that case, a former Confederate senator successfully petitioned the court to uphold a pardon that prevented him from being disbarred.) Generally speaking, once an act has been committed, the president can issue a pardon at any time—regardless of whether charges have even been filed.

As the Explainer has pointed out before, there aren't many limits to the president's pardon power, at least when it comes to criminal prosecutions under federal law. The president's clemency power has its origins in the practices of the English monarchy, and as a result, the Supreme Court has given the president wide leeway under Article II, Section 2 of the Constitution. There are some exceptions: The chief executive can't pardon someone for a violation of state law or nullify a civil ruling, and his power doesn't extend to convictions handed down in an impeachment proceeding. (It's also not clear whether the president can pardon himself for future convictions.)


While pre-emptive pardons remain very rare, there are a few notable exceptions. Perhaps the most famous presidential pardon of all time occurred before any charges were filed. Gerald Ford's pardon of Richard Nixon absolved the former president of "all offenses against the United States which he … has committed or may have committed or taken part in" between the date of his inauguration in 1969 and his resignation in August 1974. In other cases, presidents have pardoned individuals after criminal proceedings have begun but before a judgment has been handed down. In late 1992, less than a month before leaving office, President George H.W. Bush pardoned former Defense Secretary Caspar Weinberger, who had been indicted earlier that year on perjury charges surrounding the Iran-Contra affair. (A lawyer for Roger Clemens' former trainer Brian McNamee claimed the pitcher might receive a similar pardon from Bush if he were ever indicted.) In addition, broad presidential amnesties—like the one President Carter issued to those who had avoided the draft during the Vietnam War—are essentially pre-emptive pardons issued to a large group of individuals.

If someone hasn't yet been charged with a crime, how does the president know what to pardon them for? As in Nixon's case, President Bush could issue a pardon that applies generally to any crimes that may have been committed within a certain range of dates. More likely, a pardon could apply only to actions surrounding a single policy or place—say, the detention or interrogation of suspected al-Qaida members.

Got a question about today's news? Ask the Explainer.

Explainer thanks Ken Gormley of Duquesne Law School, Harold Krent of the Chicago-Kent School of Law, and P.S. Ruckman Jr. of Rock Valley College and PardonPower.com. Thanks also to reader Marcus Beck for asking the question.


Jacob Leibenluft is a writer from Washington, D.C.
*******