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scooperhsd
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« on: January 13, 2021, 06:21:24 AM » |
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Straight forward - just what the topic is asking.
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Moonshot_1
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« Reply #1 on: January 13, 2021, 07:40:36 AM » |
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Straight forward - just what the topic is asking.
Art 2 Sec 2 of Const. Relevant part underlined by me. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. |
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Mike Luken
Cherokee, Ia.
Former Iowa Patriot Guard Ride Captain
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scooperhsd
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« Reply #2 on: January 13, 2021, 07:48:08 AM » |
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Yeah , I read that much also. I was wondering how this power could be used on the events at the US Capital on Jan 6.
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Gryphon Rider
Member
Posts: 5227
2000 Tourer
Calgary, Alberta
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« Reply #3 on: January 13, 2021, 07:56:36 AM » |
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Straight forward - just what the topic is asking.
Art 2 Sec 2 of Const. Relevant part underlined by me. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.Does that mean he can't give pardons after he's been impeached, or while there are impeachment proceedings against him happening, or he can't pardon himself from the consequences of the acts he was or will be impeached for? Regardless of whether he's pardoning himself or others, can a president give a pardon for acts that were committed before or during his presidency, but not charged, convicted, or sentenced for at the time the pardon is given? |
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scooperhsd
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« Reply #4 on: January 13, 2021, 08:19:07 AM » |
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Straight forward - just what the topic is asking.
Art 2 Sec 2 of Const. Relevant part underlined by me. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.Does that mean he can't give pardons after he's been impeached, or while there are impeachment proceedings against him happening, or he can't pardon himself from the consequences of the acts he was or will be impeached for? Regardless of whether he's pardoning himself or others, can a president give a pardon for acts that were committed before or during his presidency, but not charged, convicted, or sentenced for at the time the pardon is given? I'm not too interested in the 1st paragraph, but the 2nd one is dead on what I'm asking. |
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Moonshot_1
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« Reply #5 on: January 13, 2021, 12:46:46 PM » |
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I'm not a lawyer and I didn't stay at a Holiday Inn Express last night so take the following as you wish.
My take on this is that the President cannot pardon someone who has been impeached, like a judge, for that cause that brought forth the impeachment.
As I read it, the Senate has the sole power of Impeachment. This applies to anyone serving in a public office that the Senate deems impeachable for cause.
Anyone impeached cannot be pardoned for that cause.
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Mike Luken
Cherokee, Ia.
Former Iowa Patriot Guard Ride Captain
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scooperhsd
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« Reply #6 on: January 13, 2021, 01:05:50 PM » |
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The question is - can he pardon those who were in the US Capital on Jan 6 , even if they have not gone to trial yet ?
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BigInSeattle
Member
Posts: 163
VRCC #6615
Auburn WA
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« Reply #7 on: January 13, 2021, 01:07:45 PM » |
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The question is - can he pardon those who were in the US Capital on Jan 6 , even if they have not gone to trial yet ?
Well, that's why you wait until after Trump leaves office to start arresting more people. That way it doesn't matter. https://en.wikipedia.org/wiki/Federal_pardons_in_the_United_StatesThe full extent of a president's power to pardon has not been fully resolved. Pardons have been used for presumptive cases, such as when President Gerald Ford pardoned Richard Nixon, who had not been charged with anything, over any possible crimes connected with the Watergate scandal,[6] but the Supreme Court has never considered the legal effectiveness of such pardons.[7] There is disagreement about how the pardon power applies to cases involving obstructions of an impeachment.[8] Also, the ability of a president to pardon themselves (self-pardon) has never been tested in the courts, because, to date, no president has ever taken that action.[9] |
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Moonshot_1
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« Reply #8 on: January 13, 2021, 01:11:58 PM » |
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The question is - can he pardon those who were in the US Capital on Jan 6 , even if they have not gone to trial yet ?
As specific to your question...yes, assuming there is a specific person and specific charge of some kind to pardon. But why? |
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Mike Luken
Cherokee, Ia.
Former Iowa Patriot Guard Ride Captain
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scooperhsd
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« Reply #9 on: January 13, 2021, 03:31:31 PM » |
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I agree about the self -pardon.
And yes - if it's federal, he should - just to spite the D's.
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Savago
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« Reply #10 on: January 13, 2021, 04:13:31 PM » |
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I agree about the self -pardon.
And yes - if it's federal, he should - just to spite the D's.
I hope you are speaking with tongue in cheek.  Last time I checked, this country was built upon the rule of the law. |
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Oss
Member
Posts: 12602
The lower Hudson Valley
Ossining NY Chapter Rep VRCCDS0141
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« Reply #11 on: January 13, 2021, 05:12:33 PM » |
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I think the biggest unanswered question is whether the military will defend the Constitution if briefed,
The Officers after being briefed can and are required to act for the sake of the Constitution for which they have sworn their sacred oaths and honor.
The insurrection act, if I am not mistaken was signed a while ago.
I recall that Pelosi's and other laptops were taken from the Capitol and the flight traffic everywhere including Gitmo has been off the charts. Who knows I make no predictions. But I think the frenzy is because the Left knows a trap may be sprung
Just like the air has a smell before and after a thunderstorm, something is in the air, if it is going to go down, it will be soon Hope nobody on the side of the Constitution is harmed on either party
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If you don't know where your going any road will take you there
George Harrison
When you come to the fork in the road, take it
Yogi Berra (Don't send it to me C.O.D.)
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scooperhsd
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« Reply #12 on: January 13, 2021, 07:32:26 PM » |
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I agree about the self -pardon.
And yes - if it's federal, he should - just to spite the D's.
I hope you are speaking with tongue in cheek. Last time I checked, this country was built upon the rule of the law. I took my oath as a commissioned officer very seriously. It's one reason why I took this election fraud so very seriously. It doesn't mean that I'm not human with the foibles that comes with. |
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