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AnotherMcIntosh

(11,064 posts)

32. Those Administrative rules are not a restriction on the Constitutional power of the President.

Tue Jul 9, 2013, 09:45 AM

Jul 2013

Article II, section 2 of the Constitution authorizes the President

"to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment"

In Ex Parte Garland, 71 U.S. (4 Wall.) 333 (1866), the Supreme Court summarized the reach of a presidential pardon as follows:

A pardon reaches both the punishment prescribed for the offence and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence. If granted before conviction, it prevents . . . the penalties and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.

http://supreme.justia.com/cases/federal/us/71/333/case.html

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Obama's former White House counsel visits Don Siegelman, working on his appeal [View all] annabanana Jul 2013 OP

Why did he only work a year? Get fed up with Rahm? byeya Jul 2013 #1

a person needs to admit guilt and apologize before a President can give a pardon legally. graham4anything Jul 2013 #4

I'd like to see where it says that! Coyotl Jul 2013 #8

Every single person the President has pardoned has said they were sorry. graham4anything Jul 2013 #10

Same here. He just made that up. AnotherMcIntosh Jul 2013 #29

Where did the article say one word about a pardon? bullwinkle428 Jul 2013 #11

He's on Rove's side because Obama is on Rove's side in this one Doctor_J Jul 2013 #13

Post #1 whined about not getting a pardon. Your response is irrelevant to the legal process. graham4anything Jul 2013 #15

Poster was replying to previous poster's questions "Why doesn't Obama sign the pardon? KittyWampus Jul 2013 #23

What bullshit! hootinholler Jul 2013 #26

Oh stop it, a great Democrat was politically assassinated by sabrina 1 Jul 2013 #28

There's a backstory on Craig and it's not pretty starroute Jul 2013 #31

Thanks very much for that. byeya Jul 2013 #37

Rovian 90-percent Jul 2013 #2

Yet another anti-Obama slant on something. Would President Romney or Bush even listen? graham4anything Jul 2013 #3

He's not guilty of anything, and there is nothing to apologize for Doctor_J Jul 2013 #6

Then he can't get a pardon. There are rules, and there are Bush rules. graham4anything Jul 2013 #7

then commute the sentence. Today Doctor_J Jul 2013 #17

Leakers should be in jail, yet Rove never was found to be in violation by the special prosecutor. graham4anything Jul 2013 #19

Yippee. An appeal so the Governor can sit in jail for another 2 years Doctor_J Jul 2013 #5

Yes, everything is Obama's fault. Coyotl Jul 2013 #9

No, but there are some things that he alone can deal with Doctor_J Jul 2013 #12

Good reply. The President should have pardoned him the first week in office. byeya Jul 2013 #14

he could commute, but he cannot pardon. graham4anything Jul 2013 #16

Actually, Article II, section 2 of the Constitution authorizes the President "to grant Reprieves and AnotherMcIntosh Jul 2013 #30

But he is not guilty so therefore the above don't apply. Spiegelman did not admit his guilt. graham4anything Jul 2013 #34

Quite frankly, I think that you are only pretending to be ignorant and stupid. AnotherMcIntosh Jul 2013 #35

So you are using a Bushfamily member as an example? There is Bush, there is what 42 others have done graham4anything Jul 2013 #36

No. The plain language of the Constitution's Pardon Provision remains the same regardless AnotherMcIntosh Jul 2013 #38

Does anyone actually think that President Obama would let Seligman sit in prison for one day if Freddie Stubbs Jul 2013 #22

A whole lot of former US and Ass't US Attornys believe that Siegleman was unfairly treated byeya Jul 2013 #25

GET WITH THE PROGRAM, DOCTOR_J Skittles Jul 2013 #41

I think a Presidential pardon is coiming. At least it should be. Petition the WH nt kelliekat44 Jul 2013 #18

This is a joke, right? Doctor_J Jul 2013 #27

Lots of applicable rules, antiquie Jul 2013 #20

Those Administrative rules are not a restriction on the Constitutional power of the President. AnotherMcIntosh Jul 2013 #32

Never thought they were, antiquie Jul 2013 #39

about heaven05 Jul 2013 #21

K&R. nt OnyxCollie Jul 2013 #24

I wonder why. What's the quid pro quo being demanded? AnotherMcIntosh Jul 2013 #33

Pardon him today before you stop work and call it a day byeya Jul 2013 #40