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> The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. The Constitution make
by function_seven 6y ago
> The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
The Constitution makes no mention of trial, or of conviction.
Indeed, the Supreme Court has ruled that pardons can be offered prior to a conviction in Ex parte Garland[0]
[0] https://en.wikipedia.org/wiki/Ex_parte_Garland https://en.wikipedia.org/wiki/Ex_parte_Garland
- shadowgovt 6y agoCorrect on "Crimes untried," and my error. Ex parte Garland clearly covers that. However, subsequent rulings call into question the absolute scope of Ex parte Garland (https://digitalcommons.law.wne.edu/cgi/viewcontent.cgi?article=1815&context=lawreview https://digitalcommons.law.wne.edu/cgi/viewcontent.cgi?artic...). In particular, in case of dispute, the Court has the authority to adjudicate the dispute. It's the authority the Court used to hear Ex parte Garland in the first place. And to my knowledge, there has never been a case that considers the President's ability to pardon for all possible crimes that could be filed related to some action. So if a subsequent President chooses to tack on a fourth crime to the list of three Snowden is currently charged with, a Trump pardon would likely not attach. At least, it would be up to the Court to decide if it attaches.