What does pardon mean in politics?
DONALD Trump is tipped to pardon over a hundred people in the last hours of his Presidency.
But what does a “pardon” mean in American politics?
What does pardon mean in politics?
A federal pardon in America is an action handed down by the President of the United States that wipes the punishment for a federal crime.
The pardon power comes from the US Constitution and is one of the broadest available to a president.
The nation’s founders saw the pardon power as a way to show mercy and serve the public good.
A presidential pardon allows a person to be relieved of some or all of the legal consequences of their criminal sentencing.
Pardons are typically given to people who have been prosecuted, and can cover conduct that has not yet resulted in legal proceedings.
A pardon is not reviewable by other branches of government and the president does not have to give a reason for issuing one.
A pardon wipes out a criminal conviction, but only applies to federal crimes.
A president can pardon an individual for nearly any federal offense committed against the US.
In highly unusual circumstances, the President can pardon people who have not been charged with a crime – often as a preemptive measure.
President Gerald Ford pardoned President Nixon after the Watergate scandal, and Donald Trump has pardoned Joseph Arpaio and others after they were charged and convicted – but before they were sentenced.
How does a pardon work?
All federal pardon petitions are addressed to the President, who then grants or denies the request.
Applications for pardons are normally referred for review by the Office of the Pardon Attorney who is part of the United States Department of Justice.
The amount of pardons depends on each president’s administration.
A presidential pardon can be issued before the start of a legal case or inquiry and before or after a conviction for a federal crime.
For example, President Ford’s pardon of Richard Nixon in 1974 covered “all offences against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974”.
Usually, however, a pardon is granted after a person has been convicted and a sentence handed down by a judge.
The Justice Department normally requires that anyone filing a petition for a pardon wait five years after conviction or release prior to receiving a pardon.
Can presidents pardon themselves?
No president has ever tried to pardon themselves – so if Trump attempts this, it would be a first.
With no precedent, there are also no rules against the President pardoning himself.
However, under Article II, Sections 2, Clause 1 of the American Constitution, the president is given the power to pardon individuals “except in Cases of Impeachment”.
Trump has been impeached by congress, but has yet to be convicted or acquitted by the Senate and this will not happen now until after Trump has left office.
This means, for now, he continues to hold his ability to pardon.
Who has Trump pardoned?
Trump has issued dozens of pardons to politicians and law enforcement officials since he was voted into office in 2016.
These include close friends and former advisors, and even his daughter Ivanka’s father-in-law Charles Kushner.
Trump has pardoned four Blackwater security guards who massacred 14 Iraqi civilians in a horrifying gun and grenade attack.
He has also pardoned media mogul and former Daily Telegraph owner Conrad Black who was convicted of fraud in 2007.
A close friend and advisor of Trump, Roger Stone was also pardoned after being convicted of seven felony charges in February 2020.
He was found to have obstructed a congressional investigation into Trump's 2016 campaign and possible ties to Russia.
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