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Firestorm49

(4,560 posts) Tue Dec 1, 2020, 01:07 PM Dec 2020

Can a President reverse a pardon issued by a previous President? [View all]

I’m not familiar with the law in this regard. If this is an issue of precedence (tradition?) rather than established law, could Biden, in fact, reverse the pardon on someone like Flynn. If it has never been done before, can it be done at all?

Please excuse my misunderstanding of “precedent” as well, as I may be talking in circles.

23 replies

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Highlight:

Can a President reverse a pardon issued by a previous President? [View all] Firestorm49 Dec 2020 OP

No MissB Dec 2020 #1

Thanks Firestorm49 Dec 2020 #3

It's a useful power MissB Dec 2020 #7

Why It Might Be Impossible To Overturn A Presidential Pardon NurseJackie Dec 2020 #2

The key word here is "might." Firestorm49 Dec 2020 #6

Hope springs eternal, I suppose. NurseJackie Dec 2020 #15

Wouldn't this be double jeopardy which is precluded in our Bill of Rights? CTyankee Dec 2020 #4

no. Voltaire2 Dec 2020 #16

Not likely. The president's pardon power has always been considered absolute. The Velveteen Ocelot Dec 2020 #5

I'm thinking of the controversial things that Trump has done to break tradition. He set the tone. Firestorm49 Dec 2020 #9

His are not the first controversial pardon Lochloosa Dec 2020 #12

Marc Rich pardon Pantagruel Dec 2020 #13

Be that as it may, the pardon was very controversial at the time, The Velveteen Ocelot Dec 2020 #14

No. Demsrule86 Dec 2020 #8

Has it ever been challenged? Firestorm49 Dec 2020 #10

There is nothing to challenge. A president's power to pardon is unlimited... Demsrule86 Dec 2020 #21

Not an attorney but for those more learned, PRETZEL Dec 2020 #11

A President can reverse it duforsure Dec 2020 #17

Many thanks Firestorm49 Dec 2020 #18

A pardon can't be rescinded once granted StarfishSaver Dec 2020 #19

I disagree. A pardon can't be overturned. Also, it has never been decided it a president can Demsrule86 Dec 2020 #22

I think the other poster is saying it can be done but it wouldn't hold up in court. Hassin Bin Sober Dec 2020 #23

No, but an unlawful pardon could be overturned in court Fiendish Thingy Dec 2020 #20