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StarfishSaver

(18,486 posts)

10. I'm a Constitutional lawyer and law professor

Thu May 6, 2021, 08:47 AM

May 2021

Last edited Thu May 6, 2021, 10:30 AM - Edit history (1)

I am very confident this is how any court would view this. It wouldn't be a very complicated or controversial analysis for any court. It is highly unlikely that pocket pardons are valid. But it is firm precedent that a pardon is operable if it's delivered and accepted. The "pocket" in the term "pocket pardon" means it's in the pocket of the person pardoned, not in that of the person issuing the pardon.

Imagine if a friend of George W. Bush got into legal trouble for something they did years ago when their buddy was president. Assuming the statute of limitations hadn't run and they were investigated or indicted, W, couldn't just pop up and say, "I pardoned him back in 2008, but didn't tell anyone."

But even more important, he couldn't say, "I pardoned him back in 2008, but didn't even tell him." That failure to deliver the pardon, in and of itself, would be enough to make it inoperable.

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If trump issued pocket pardons wouldn't the Biden Administration know? [View all] padah513 May 2021 OP

Good question jimfields33 May 2021 #1

He might not know, but AG Garland and his team would know StarfishSaver May 2021 #2

knowing trump.... getagrip_already May 2021 #3

If Rudy had a pardon, it would have been invoked by now StarfishSaver May 2021 #4

Hmmm, ill have to leave that to legal scholars.... getagrip_already May 2021 #5

I'm a Constitutional lawyer and law professor StarfishSaver May 2021 #10

Great info! Thanks! n/t getagrip_already May 2021 #14

... StarfishSaver May 2021 #16

The validity of such pardons would immediately come into question, MineralMan May 2021 #6

+1 It doesn't count if you don't publish it. lagomorph777 May 2021 #8

There is no requirement in the Constitution that pardons be published Jose Garcia May 2021 #18

But if they're not published, they can't be shown to exist. lagomorph777 May 2021 #19

It would probably have to have been witnessed and notarized Jose Garcia May 2021 #21

i doubt any court would ever uphold such a pardon - even the Trump judges StarfishSaver May 2021 #23

Agreed StarfishSaver May 2021 #11

Yes. And further, there would need to be a clear MineralMan May 2021 #12

Exactly! StarfishSaver May 2021 #15

I don't think "pocket pardons" are really a thing... Wounded Bear May 2021 #7

I think you're right gratuitous May 2021 #9

If trump issued pocket pardons wouldn't the Biden Administration know? FelineOverlord May 2021 #13

Yes, or just call them "pretend" pardons, made up after POTUS is out of office. lagomorph777 May 2021 #20

Yes they would know, and he did not. former9thward May 2021 #17

Would those hold up in Court? kentuck May 2021 #22