4 ms·

It's actually explicitly in the Constitution: "The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except i

by hsod 10y ago

It's actually explicitly in the Constitution: "The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." Article II, Section 2

akjainaj 10y ago
So it's only possible if it was something that was done against the US?
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- mikeash 10y ago
  Right, which means federal crimes, not state crimes. The President won't be granting pardons to ordinary murderers, unless the murder took place on federal lands.
  - chriscappuccio 10y ago
    Actually, murder isn't a federal crime.
    - dragonwriter 10y ago
      > Actually, murder isn't a federal crime. Actually, murder is a federal crime, see 18 USC Secs. 1111, 1114, and 1118-1121. https://www.law.cornell.edu/uscode/text/18/part-I/chapter-51 https://www.law.cornell.edu/uscode/text/18/part-I/chapter-51
- tannhauser23 10y ago
  Yes, the President can only pardon/commute federal offenses. (That's what 'Offences Against the United States' means here). The President cannot pardon/commute prisoners who have been convicted of state crimes - only the relevant state governors can do that. Manning was convicted of federal crimes.
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- rtkwe 10y ago
  'Against the US' is broad and imprecise. From the DOJ's web page on executive clemency. > “The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Thus, the President’s authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States. https://www.justice.gov/pardon/frequently-asked-questions-concerning-executive-clemency https://www.justice.gov/pardon/frequently-asked-questions-co...
- dragonwriter 10y ago
  "against the US" means crimes under US (federal) law.

by hsod 10y ago

akjainaj 10y ago

So it's only possible if it was something that was done against the US?

deleted 10y ago
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mikeash 10y ago
Right, which means federal crimes, not state crimes. The President won't be granting pardons to ordinary murderers, unless the murder took place on federal lands.
- chriscappuccio 10y ago
  Actually, murder isn't a federal crime.
  - dragonwriter 10y ago
    > Actually, murder isn't a federal crime. Actually, murder is a federal crime, see 18 USC Secs. 1111, 1114, and 1118-1121. https://www.law.cornell.edu/uscode/text/18/part-I/chapter-51 https://www.law.cornell.edu/uscode/text/18/part-I/chapter-51
tannhauser23 10y ago
Yes, the President can only pardon/commute federal offenses. (That's what 'Offences Against the United States' means here). The President cannot pardon/commute prisoners who have been convicted of state crimes - only the relevant state governors can do that. Manning was convicted of federal crimes.
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rtkwe 10y ago
'Against the US' is broad and imprecise. From the DOJ's web page on executive clemency. > “The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Thus, the President’s authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States. https://www.justice.gov/pardon/frequently-asked-questions-concerning-executive-clemency https://www.justice.gov/pardon/frequently-asked-questions-co...
dragonwriter 10y ago
"against the US" means crimes under US (federal) law.