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President Obama has the power to issue a posthumous pardon of Mr. Swartz (even though he was never tried or convicted). This kinda says it all. He can't be par

President Obama has the power to issue a posthumous pardon of Mr. Swartz (even though he was never tried or convicted). This kinda says it all. He can't be pardoned, having never been convicted. While there are many good and beneficial things that can be done, this one is impossible.

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charonn0 14y ago
Not true: Ford pardoned Nixon even though Nixon was never impeached, tried, or charged criminally for anything.
- vannevar 14y ago
  In that case, Ford pardoned Nixon to prevent a trial, where a conviction was still possible. In this case, there will never be a trial, and hence, no possibility of a conviction. It's a well-meaning sentiment, but a pardon is not applicable here. Better to lobby against the laws Swartz was accused of violating.
- s-phi-nl 14y ago
  Nixon's acceptance was seen as a admission of guilt. I am not sure it would be wise to petition for a pardon, not only for a crime that may not have been committed, but for a crime that many at this site feel should be legal behavior.
mtgx 14y ago
The least he could do is remove Carmen Ortiz, his prosecutor, from office: https://petitions.whitehouse.gov/petition/remove-united-states-district-attorney-carmen-ortiz-office-overreach-case-aaron-swartz/RQNrG1Ck https://petitions.whitehouse.gov/petition/remove-united-stat...
georgemcbay 14y ago
He can be pardoned without being convicted: http://www.slate.com/articles/news_and_politics/explainer/2008/07/preemptive_presidential_pardons.html http://www.slate.com/articles/news_and_politics/explainer/20... but I don't think he should be, it really solves nothing in this case.
- rprasad 14y ago
  That Slate article doesn't say what you think it says. A pre-emptive pardon can only be issued for someone in danger of being convicted of a crime; it is essentially a grant of immunity. A dead defendant who was merely charged with a crime can never be convicted of the crime, so a dead defendant cannot be pre-emptively pardoned.
- Permit 14y ago
  They have to be alive.
btilly 14y ago
In the USA, the power of presidential pardon includes the power to offer amnesties. And amnesties certainly can be given to people who have never been convicted.
- rprasad 14y ago
  Pardon = the defendant is forgiven his crime and released from prison, but the fact of being guilty of the crime remains, i.e., the defendant is forgiven for his bad acts. Amnesty = the defendant is cleared of legal guilt for the crime and the fact of having committed the crime is also cleared, i.e., it is as if the defendant never committed a crime at all. Pre-emptive amnesty is more simply referred to as "immunity."

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charonn0 14y ago

Not true: Ford pardoned Nixon even though Nixon was never impeached, tried, or charged criminally for anything.

vannevar 14y ago
In that case, Ford pardoned Nixon to prevent a trial, where a conviction was still possible. In this case, there will never be a trial, and hence, no possibility of a conviction. It's a well-meaning sentiment, but a pardon is not applicable here. Better to lobby against the laws Swartz was accused of violating.
s-phi-nl 14y ago
Nixon's acceptance was seen as a admission of guilt. I am not sure it would be wise to petition for a pardon, not only for a crime that may not have been committed, but for a crime that many at this site feel should be legal behavior.

mtgx 14y ago

The least he could do is remove Carmen Ortiz, his prosecutor, from office: https://petitions.whitehouse.gov/petition/remove-united-states-district-attorney-carmen-ortiz-office-overreach-case-aaron-swartz/RQNrG1Ck https://petitions.whitehouse.gov/petition/remove-united-stat...

georgemcbay 14y ago

He can be pardoned without being convicted: http://www.slate.com/articles/news_and_politics/explainer/2008/07/preemptive_presidential_pardons.html http://www.slate.com/articles/news_and_politics/explainer/20... but I don't think he should be, it really solves nothing in this case.

rprasad 14y ago
That Slate article doesn't say what you think it says. A pre-emptive pardon can only be issued for someone in danger of being convicted of a crime; it is essentially a grant of immunity. A dead defendant who was merely charged with a crime can never be convicted of the crime, so a dead defendant cannot be pre-emptively pardoned.
Permit 14y ago
They have to be alive.

btilly 14y ago

In the USA, the power of presidential pardon includes the power to offer amnesties. And amnesties certainly can be given to people who have never been convicted.

rprasad 14y ago
Pardon = the defendant is forgiven his crime and released from prison, but the fact of being guilty of the crime remains, i.e., the defendant is forgiven for his bad acts. Amnesty = the defendant is cleared of legal guilt for the crime and the fact of having committed the crime is also cleared, i.e., it is as if the defendant never committed a crime at all. Pre-emptive amnesty is more simply referred to as "immunity."