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Maraya1969

(22,500 posts)
Sat Jan 9, 2021, 03:29 PM Jan 2021

What happens to T---- pardons if he is impeached and convicted?

I would love if they all lost their pardons but I'm afraid they won't.

Plus someone here said that he can pardon them now before they even go to court. Anyone know about that? (Although if impeachment were started it might stop him from doing that since he would be trying to not get convicted)

23 replies = new reply since forum marked as read
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What happens to T---- pardons if he is impeached and convicted? (Original Post) Maraya1969 Jan 2021 OP
Interesting question! Hope somebody knows. BamaRefugee Jan 2021 #1
Nothing. Acts of the President before being impeached are not undone by an impeachment conviction. PoliticAverse Jan 2021 #2
Pardons are valid even during the impeachment process, The Velveteen Ocelot Jan 2021 #5
Exactly. n/t PoliticAverse Jan 2021 #9
+1 n/t Laelth Jan 2021 #12
No. dware Jan 2021 #3
Nothing. People don't get un-pardoned no matter what happens to the president. The Velveteen Ocelot Jan 2021 #4
Except in cases of impeachment Midnightwalk Jan 2021 #7
No, that means the President can't pardon away an impeachment. So if an official PoliticAverse Jan 2021 #13
No. Sorry. It doesn't work that way. Laelth Jan 2021 #14
Not so. Presidents can be impeached for reasons other than The Velveteen Ocelot Jan 2021 #17
one could make an argument that a pardon is not valid if crimes were involved in obtaining it unblock Jan 2021 #6
Speaking of pardons: we know that one has to be convicted, first question everything Jan 2021 #8
You don't have to be convicted to be pardoned. There are been many pardons... PoliticAverse Jan 2021 #10
Thanks, interesting. Another thread about self pardon did talk about question everything Jan 2021 #19
I don't think there is a realistic possibility that the courts would find a self-pardon to be valid. PoliticAverse Jan 2021 #20
The Nixon Pardon, To Which You Referred... ProfessorGAC Jan 2021 #21
Thanks. Perhaps there is a need for some kind of oversight. question everything Jan 2021 #22
Good Luck With That! ProfessorGAC Jan 2021 #23
Nothing happens automatically, but pardons could be challenged if they were part of obstruction. Nt Fiendish Thingy Jan 2021 #11
Every trial of an individual participating in that attempted coup should list Individual 1 NotASurfer Jan 2021 #16
Dems should call the mob as witnesses. Pardons then could be considered in context Raven123 Jan 2021 #15
They stand, because he was President when he issued them. MineralMan Jan 2021 #18

The Velveteen Ocelot

(115,858 posts)
5. Pardons are valid even during the impeachment process,
Sat Jan 9, 2021, 03:39 PM
Jan 2021

because the president retains all of his powers unless and until he is convicted by the Senate and removed from office. Clinton pardoned 33 people during his impeachment proceedings.

The Velveteen Ocelot

(115,858 posts)
4. Nothing. People don't get un-pardoned no matter what happens to the president.
Sat Jan 9, 2021, 03:37 PM
Jan 2021

If the president was validly exercising his pardon power at the time the pardon was granted, the pardon remains valid and irrevocable.

Midnightwalk

(3,131 posts)
7. Except in cases of impeachment
Sat Jan 9, 2021, 03:49 PM
Jan 2021

Last edited Sat Jan 9, 2021, 04:48 PM - Edit history (2)

Which means concerning the reasons for impeachment.

If the articles include incitement to riot and incitement to insurrection does that make them (part) of the impeachment and a reason to invalidate the pardons?

Edit: Thanks for the replies. I think I get it now. The only restriction is on pardoning yourself or others out of impeachment.

(Also added the word part into the original question)

PoliticAverse

(26,366 posts)
13. No, that means the President can't pardon away an impeachment. So if an official
Sat Jan 9, 2021, 04:07 PM
Jan 2021

was impeached the President can't cancel the impeachment of that official by pardoning them. It doesn't mean anything else.

Laelth

(32,017 posts)
14. No. Sorry. It doesn't work that way.
Sat Jan 9, 2021, 04:10 PM
Jan 2021

Any pardon that the President grants will be deemed valid so long as the grantee was President at the time that the pardon was granted.

-Laelth

The Velveteen Ocelot

(115,858 posts)
17. Not so. Presidents can be impeached for reasons other than
Sat Jan 9, 2021, 04:42 PM
Jan 2021

the commission of statutory crimes; the action for which they are being impeached might not be something that would cause them to be prosecuted. And the clause in the constitution referring to impeachment means only that the impeachment itself is not subject to a pardon (a pardon can't be used to un-impeach someone or vacate their conviction following impeachment).

unblock

(52,328 posts)
6. one could make an argument that a pardon is not valid if crimes were involved in obtaining it
Sat Jan 9, 2021, 03:41 PM
Jan 2021

a presidential pardon as never been challenged for this, afaik, and i'm not even sure a gubernatorial pardon has been challenged on this basis.

but certainly and argument could be made that if a president simply said, hey, i'll give you a pardon if you pay me a million dollars, then any pardon granted on that basis would not be considered valid. again, there's no case history here so who knows. a supreme court could still find that the pardon itself remains valid even if the people involved were guilty of bribery or some other crime.

so it's theoretically possible some of donnie's pardons could be challenged on a basis like this. however, that doesn't have anything to do with impeachment or removal.

question everything

(47,535 posts)
8. Speaking of pardons: we know that one has to be convicted, first
Sat Jan 9, 2021, 03:51 PM
Jan 2021

but Ford pardoned Nixon who was not convicted?

PoliticAverse

(26,366 posts)
10. You don't have to be convicted to be pardoned. There are been many pardons...
Sat Jan 9, 2021, 03:56 PM
Jan 2021

issued by presidents covering people not yet convicted (starting with pardons issued by George Washington).

You don't have to even be charged with a crime yet even to be pardoned.

PoliticAverse

(26,366 posts)
20. I don't think there is a realistic possibility that the courts would find a self-pardon to be valid.
Sat Jan 9, 2021, 05:06 PM
Jan 2021

I actually hope Trump pardons himself and that the issue eventually finds its way into the courts.

ProfessorGAC

(65,191 posts)
21. The Nixon Pardon, To Which You Referred...
Sat Jan 9, 2021, 05:07 PM
Jan 2021

....actually uses the terms "crimes that may have been committed..."
So, that pardon covered things that weren't even known!
The pardon power is very broad and non-specific.
There's little a pardon can't be granted over.

ProfessorGAC

(65,191 posts)
23. Good Luck With That!
Sat Jan 9, 2021, 06:14 PM
Jan 2021

I'm assuming that will require an amendment because it's a specific part of the constitution.
Maybe it's easier than that, but wouldn't be able to guess how.

NotASurfer

(2,155 posts)
16. Every trial of an individual participating in that attempted coup should list Individual 1
Sat Jan 9, 2021, 04:23 PM
Jan 2021

As a co-conspirator for instigating, if not outright coordinating, the effort. At the very least he facilitated by hamstringing Federal law enforcement to prevent them from acting pre-emptively, as well as denying assistance after the attack began.

If Individual 1 wants to pardon his co-conspirators, add one count obstruction to his ledger for each co-conspirator pardoned

(I have no hope of this happening, but the image in my mind makes me smile. Sometimes I need that)

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