3 ms·
A pardon requires delivery and acceptance. (Actually, I think delivery is incomplete without acceptance.) Theoretically an incoming president could recall the p
by wahern 6y ago
A pardon requires delivery and acceptance. (Actually, I think delivery is incomplete without acceptance.) Theoretically an incoming president could recall the pardon if it hasn't been delivered. Not sure what may constitute as delivery; or acceptance, for that matter. I don't think the manner of delivery or acceptance has been tested, let alone enumerated. If it's as simple as a phone call, then presumably nothing could be done.
I think a more interesting question is whether there's a specificity requirement. AFAIU, that hasn't been answered, either.
- marmaduke 6y agoThere was an even more interesting question raised on r/NeutralPolitics about whether the pardon has to even be made public. It seems there's an interpretation of the law where the pardon only becomes public when the recipient makes use of it in a public court.
- gonesilent 6y agoAlso talk of putting it on the secret computer for national security until use.
- craftinator 6y agoIs that before or after the coifing of the sacrificial goat?
- koheripbal 6y agoWhy would it need to be public? The Constitution does not stipulate that limitation. This is literally all it says... > he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
- gowld 6y agoBecause "pardon" is not defined anywhere so the nation has to decide what it means.
- koheripbal 6y agoThis is not mentioned anywhere in the text of the pardon power of the Constitution. What gives you the impression pardons are limited to those that are "delivered" and/or "accepted". How would that even be legally demonstrated to a court.
- dagw 6y agoWhat gives you the impression pardons are limited to those that are "delivered" and/or "accepted". The Supreme Court apparently ruled that way in a case a long time ago and that precedence has never been challenged (or come up again for that matter) See https://www.youtube.com/watch?v=c9IRZ9FzWEA https://www.youtube.com/watch?v=c9IRZ9FzWEA But realistically if they tried to revoke a pardon today it would certainly go to the Supreme Court again and they would almost certainly rule the other way.
- koheripbal 6y agoA Youtube video of someone's opinion is not a reliable source. Looking up Grants revocation of Johnson's pardons - it's hard to find details, but it does seem like a Federal judge took issue that they were not delivered prior to the new president revoking them. Given that there's no such limitation in the Constitution, I wonder if it would hold up to SCOTUS. ...and maybe that's why they announce them publicly these days.