6 ms·
Has a convicted felon ever been elected as a U.S. senator before?
by 1000units 9y ago
Has a convicted felon ever been elected as a U.S. senator before?
- exabrial 9y agoTons of congressman have DUI and assault charges, so I assume yes. I'm more curious do you have to pass a background check to be a representative?
- kavok 9y agoI’ve never heard of a background check for an elected representative. It is a bit strange that someone who can’t vote (a felon) could be elected and then vote on our behalf.
- craftyguy 9y agoIs someone with a presidential pardon still considered a felon? I know the pardon does not erase the conviction, but since a pardon seems to erase the most significant consequences, does it erase all consequences?
- SEJeff 9y agoA pardon erases prison time, it does not erase any fines resulting from said crime, and also is admitting guilt to the crime[1]. One of the biggest things a pardon does as a result of that (like a guilty plea does as well) is open you up to civil suits. Also, accepting a pardon prevents you from pleading the 5th on any further or follow up charges related to said crime. It is a pretty slippery slope actually. Your question is an interesting one, but one better suited for a Constitutional law scholar such as Professor Lawrence Tribe (runs the constitutional law program at Harvard). [1] Burdick vs United States: https://scholar.google.com/scholar_case?case=3928528117882105076 https://scholar.google.com/scholar_case?case=392852811788210...
- paulddraper 9y agoThat is the usual interpretation of that case, but not the only one. https://medium.com/@brendanlilly/are-presidential-pardons-an-admission-of-guilt-d931ce3223f4 https://medium.com/@brendanlilly/are-presidential-pardons-an...
- pvg 9y agoManning was not pardoned. But that's all rather moot. People have run for office from prison (and won).
- craftyguy 9y agoThank you for pointing that out. It does look like Obama commuted her sentence, and did not pardon her. I guess I had either heard or remembered incorrectly.
- extra88 9y agoEven a pardon doesn’t remove the conviction. Trump pardoned Arpaio and Arpaio tried to have the conviction vacated as well but the judge refused.
- craftyguy 9y agoMy original question wasn't about the actual conviction, but rather about all penalties typically associated with the conviction. I've found several other sources online, though I don't know how credible because IANAL, that suggest a pardon could restore rights typically lost to felons, like the right to vote.
- pvg 9y agoWhy do you think the right to vote is related to the ability to run for federal office? They don't appear to be. I'm no sort of legal expert myself but it seems states have significant say in who gets to vote - a thread that runs through the entirety of US history, is the subject of several constitutional amendments and continues to this day. The qualifications to run for Congress, on the other hand, are explicitly spelled out in the original document. It's not clear to me anything other than a federal law can add any additional restrictions like, say, the Hatch Act does.
- tptacek 9y agoCan federal law add restrictions beyond those in the Constitution for eligibility to Congress? I didn't think it could.
- dubrocks 9y agoMost states restore voting rights for felons after a period of time.
- 1000units 9y agoI've always considered it against the American spirit to strip any citizen of the right to vote.
- SEJeff 9y agoThey'd have to get background checks to serve on any committee which handles any sort of classified information. They'd need a clearance to head into the SCIF: https://en.wikipedia.org/wiki/Sensitive_Compartmented_Information_Facility https://en.wikipedia.org/wiki/Sensitive_Compartmented_Inform...
- munin 9y agoThat isn't really correct, as I understand it. The staffers get background checks, the senators and representatives take a secrecy oath in lieu of a process administered by the executive. And really, with the separation of powers, how else would it work? The legislators are supposed to oversee things the executive does, do you think that it would be constitutional for the executive to tell the legislature to go fly a kite if the legislature asked to be told things? That, itself, could/would be unconstitutional... edit: source: https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/sharing-secrets-with-lawmakers-congress-as-a-user-of-intelligence/3.htm https://www.cia.gov/library/center-for-the-study-of-intellig...
- dvt 9y agoManning received clemency, therefore has re-gained all rights that were "lost," including the right to vote (as well as run for office).
- bdcravens 9y ago> It is a bit strange that someone who can’t vote (a felon) Most states allow felons to vote: https://en.wikipedia.org/wiki/Felony_disenfranchisement#In_the_United_States https://en.wikipedia.org/wiki/Felony_disenfranchisement#In_t...
- deleted 9y ago[deleted]
- SEJeff 9y agoIt likely depends on what specific committees you want to serve on. It would be pretty much impossible for her to serve on say the house intelligence committee (who oversees DIRNSA and ODNI etc) as there is no feasible way she will gain a security clearance. That might not prevent her from serving faithfully on non-classified committees doing dull but necessary things our bureaucrats do to run the government. As far as I could find, there are four GOP congressmen running with records (sans Chelsea), and one Democrat: * Joe Arpaio (R) - Contempt of court: https://www.nytimes.com/2017/07/31/us/sheriff-joe-arpaio-convicted-arizona.html?_r=0 https://www.nytimes.com/2017/07/31/us/sheriff-joe-arpaio-con... * Don Blankenship (R) - Conspiricy to violate federal mine safety laws: https://www.nytimes.com/2016/04/07/us/donald-blankenship-sentenced-to-a-year-in-prison-in-mine-safety-case.html https://www.nytimes.com/2016/04/07/us/donald-blankenship-sen... * Michael Grimm (R) - Felony tax fraud: https://www.nytimes.com/2017/10/01/nyregion/staten-island-congressman-grimm.html https://www.nytimes.com/2017/10/01/nyregion/staten-island-co... * Greg Gianforte (R) - Assault of a reporter critical to him: https://www.nytimes.com/2017/06/13/us/politics/greg-gianforte-sentenced.html https://www.nytimes.com/2017/06/13/us/politics/greg-gianfort... * David Alcorn (D) - stalking: http://dailycaller.com/2017/11/13/dem-candidate-arrested-on-stalking-charge/ http://dailycaller.com/2017/11/13/dem-candidate-arrested-on-...
- kakarot 9y agoThanks for the list, just thought I would point out there was a bit of momentary confusion over the phrasing "critical to" vs "critical of". The former implies the reporter was an important asset to Gianforte and that's how I parsed it at first.
- twblalock 9y agoThere is no constitutional barrier to Manning becoming a senator if she wins an election.
- 1000units 9y agoOf course, I'm sure he wouldn't have filed to run for the election otherwise.
- throwawaygh87 9y agoIf only we had some sort of... engine to use for searching... a search engine, if you will. Oh, unless this comment is meant to be snarky. But HN is never snarky.
- deleted 9y ago[deleted]
- SEJeff 9y agohttps://en.wikipedia.org/wiki/List_of_American_federal_politicians_convicted_of_crimes https://en.wikipedia.org/wiki/List_of_American_federal_polit...
- 1000units 9y agoThis is unresponsive. I'm asking how many Americans voted into public office someone known at the time to be a criminal of the highest degree (e.g., someone convicted of espionage and aiding the enemy like Manning).
- deleted 9y ago[deleted]
- DrScump 9y agoAlcee Hastings, impeached, convicted, and removed from the Federal judiciary, was subsequently elected to the House. https://en.wikipedia.org/wiki/Alcee_Hastings https://en.wikipedia.org/wiki/Alcee_Hastings